The birth of a child is meant to be a joyful and exciting moment for any family, but complications during delivery may sometimes result in serious, life-altering injuries. Birth injuries, or birth trauma, occur when a baby sustains physical harm during or shortly after delivery. These injuries can leave parents in shock, questioning how such an event could occur and seeking justice for their child’s suffering.
At the Law Office of Cohen & Jaffe, LLP we know how heart-wrenching it is to see your newborn suffer due to medical negligence. Our personal injury attorneys in New York are committed to helping families secure compensation when medical professionals neglect to uphold the standard of care during childbirth. One key aspect of pursuing a successful birth injury lawsuit is utilizing expert witnesses whose testimony can make a significant difference in your case.
What Birth Injuries May Occur?
Birth injuries can range from minor bruising to severe, long-lasting conditions that may require ongoing medical treatment. In New York, the most common birth injuries include:
- Brachial plexus injuries
- Brain injuries
- Fractures
- Hypoxic-ischemic encephalopathy (HIE)
- Organ dysfunction
- Stillbirth or Neonatal Death
These injuries can have life-long effects, leading to ongoing medical bills, therapy costs, and emotional distress for the entire family. Proving that these injuries were caused by medical negligence often requires the insight of an expert witness.
What Is Expert Testimony in a New York Birth Injury Lawsuit?
Expert testimony refers to the evidence provided by a specialist with the education, training, and experience necessary to clarify technical aspects of a birth injury case. In birth injury lawsuits, medical experts analyze the circumstances surrounding the delivery and explain how the healthcare provider’s actions or inactions may have caused harm.
Expert witnesses clarify whether the medical team followed standard procedures and whether their actions deviated from what a competent professional would have done in a similar situation. This testimony can provide the court with a clearer understanding of how the injury happened and whether medical malpractice was a contributing factor.
Who Can Be an Expert Witness in a Birth Injury Lawsuit?
Expert witnesses in birth injury lawsuits are typically professionals with extensive knowledge of medical procedures and standards of care. In New York, potential expert witnesses may include:
- Obstetricians: Specialists in childbirth and the management of pregnancy complications
- Neonatologists: Doctors who focus on the care of newborns, particularly premature babies or those with birth injuries
- Labor and delivery nurses: Who can offer insight into the nursing care provided during childbirth
- Pediatric neurologists: Doctors who treat brain injuries and developmental disorders in children
These experts are fundamental in evaluating the case details and providing informed opinions on whether the medical staff acted appropriately during delivery. With their aid, a judge or jury can identify where mistakes occurred.
What Role Does an Expert Witness Play in a Birth Injury Lawsuit?
In birth injury cases, the expert witness’s primary role is to establish whether medical malpractice occurred and how it contributed to the injury. Their responsibilities often include:
- Reviewing medical records: To identify any discrepancies in care or deviations from standard medical practices
- Offering testimony: During trial, where they explain their findings to the judge or jury in a clear and understandable way
- Providing expert reports: These detail their assessment of the injury and the healthcare provider’s actions
An expert witness simplifies complex medical terms and procedures. Their testimony helps the court make a well-informed decision in the case. In the end, their statement can be critical to securing a favorable outcome for families seeking justice.
Get Help from Skilled New York Birth Injury Lawyers
If your baby experienced a birth injury because of medical negligence, you deserve committed legal support to help you seek the compensation necessary for your child’s future well-being. At the Law Office of Cohen & Jaffe, LLP we have the experience and knowledge to advocate for your family every step of the way. Our compassionate and aggressive approach helps safeguard your rights as we work diligently to hold negligent healthcare providers accountable.
When you partner with Law Office of Cohen & Jaffe, LLP you’ll receive personalized attention from a team that truly understands the particularities of medical malpractice cases. We’re here to help you pursue compensation for your baby’s medical expenses, therapy, and other needs so you can focus on caring for your family. Call us today at (718) 280-5337 or fill out our contact form to schedule a free consultation with one of our knowledgeable birth injury attorneys. Also, visit our YouTube Channel.
