Birth Injury Litigation

Medical negligence during labor and birth can cause serious birth injuries to infants. These injuries can have a long-lasting impact on the infant and their family.

A successful lawsuit can pay for current and future medical expenses, loss of wages, and other damages. A successful lawsuit can take years to achieve.


Despite the remarkable medical advancements osceola birth injury lawsuit is still an extremely risky process. Baby and mother expect doctors to behave professionally and avoid errors that could have lifelong consequences. If your baby suffered an injury due to negligent actions of a hospital or doctor you might want to consult an New York birth injury lawyer to determine what legal recourses you have.

If you are successful in your claim, you will receive financial compensation. This can be used to pay for current and future medical expenses and lost wages, emotional distress, and other potential areas of damage. In some cases juries and judges can also award punitive damage for egregious behavior.

Your attorney will work closely with a network of expert witnesses to determine what transpired and the accepted standard of care. They will review all your medical records and evaluate what the medical professionals did during your delivery. This will assist them to build a strong case and increase your chances of success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice carrier before filing a lawsuit. This requires submitting a package of demands, which will include a thorough account of the losses your family has suffered and the medical evidence to justify them. The malpractice insurance company will make an offer. If there is no settlement the case will proceed to trial.


The damages plaintiffs may be awarded are either economic (such medical bill) or not-economic (such s suffering and pain). In a lot of cases, juries award both. The amount of money the victim is awarded is determined by how the injury has affected them in addition to their past and future losses. Some states also place limitations on the amount a jury can award for non-economic damages.

In order to pursue compensation to recover compensation, it must be proved that the defendant breached their duty of care. This is done through the use of medical records, expert witness testimony, and depositions. Medical experts are people who have specialized in a specific area of medicine. They scrutinize all evidence and are able to testify in court if needed. In cases of Waynesville Birth Injury Law Firm injuries, the expert will help establish the defendant’s actions did not meet the scope of care for an medical professional with similar experience and training.

Attorneys can also depose anyone with a relevant story or who has a unique insight. These are legally sworn statements which are not in court and permit attorneys to ask witnesses directly what transpired. Some depositions are conducted over the phone or by video conference however the majority of depositions are conducted in court. These conversations are often difficult and stressful, but are essential to establishing a strong case for clients and obtaining the highest possible compensation.

Statute of Limitations

In New York, as in most states, medical malpractice claims must be filed within the time frame of a statute of limitations. Parents have two and a quarter years to file a suit after the date of the wrongful act, omission, or failure that they believe caused their child’s injuries.

Attorneys can look through your child’s medical records to determine which obstetricians nurses, and other hospital staff may have been involved in your daughter or son’s birth. The attorney can request any relevant documents and information that could help identify the cause of the injuries to your child.

Your lawyer must prove malpractice by establishing that the defendant was bound by a duty to your child and breached it by failing to provide the appropriate care under similar circumstances. To prove this, your attorney will work with medical experts to evaluate the medical professional’s actions to accepted practices and procedures.

A lawyer can also assist you to identify and locate witnesses to testify in your case. These experts can provide an important insight into the process used by doctors to make decisions and explain how a particular error or omission contributed to the birth injury to your child. Your lawyer can then utilize this evidence to back up your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child injured and one for parents.

Expert Witnesses

With the right help families can secure compensation to cover medical expenses, lost income from absence from work as well as rehabilitative therapies and treatments, as well as the costs of long-term health care. The key to winning a birth-injury case is having the most qualified expert witnesses on your side.

They can look over the evidence and give their professional opinion on whether a medical professional acted in breach of their duty of care when they performed an action that could have led to an infant’s injury. They can simplify medical terms for juries or judge to comprehend.

The objective of an expert witness is to provide an objective medical opinion that is reflective of the current knowledge as of the date of the event. This means they shouldn’t ignore relevant information in order to provide a more favorable impression for either the plaintiff or defendant.

Experts should also examine the relevant medical records as well as contemporaneous research with sufficient detail in order to form a sound opinion. In some cases experts may be required to provide deposition (sworn out-of court statement). These sessions can be daunting but they are an essential part of preparing a case. Your lawyer can help you prepare for these sessions and ensure that you are treated fairly.

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