birth injury law firm Injury Litigation

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

A successful lawsuit could assist in paying for medical expenses now and in the future along with lost wages and other damages. A successful lawsuit can take a long time to complete.

Compensation

Despite incredible medical advances birth can be a risky. Mothers and babies alike expect that doctors behave professionally and avoid errors which could have lasting consequences. If your baby was injured caused by the negligent actions of a doctor or hospital you might want to consult a New York birth injury lawyer to determine what legal options you have.

If you win your claim, you'll receive financial compensation. This can include future and current medical expenses as well as lost wages, emotional stress, and other potential damages. In certain cases juries or judges could also award punitive damages in the event of unjust conduct.

Your attorney will work closely with a network expert witnesses to determine what happened and the standard of care that is accepted. They will go through all your medical records and review what the medical professionals did during your birth. This information can help build strong arguments and increase your chances for success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice carrier before filing an action. This will require you to submit an array of demands which will include a thorough description of your family's losses and the medical evidence to justify the claims. The malpractice insurer will then make an offer. If no settlement is reached the case will go to trial.

Damages

The amount of damages a plaintiff is awarded could be monetary (such as medical bills) or non-economic (such as pain and suffering). In many cases juries will award both. The amount of damages the victim is awarded will be based on the extent to which the injury has impacted their life, and also the evidence of the past and future losses. Some states restrict the amount of non-economic damages juries may award.

To be able to seek compensation, it must be proven that the defendant acted in breach of their duty of care. This is done through the use of medical documents and Lawyers expert witness testimony and depositions. Medical experts are those who have been trained in a particular field of medicine. They review all evidence and may be called in to testify in court if required. In cases involving birth injuries the expert will prove that the defendant's actions fall in a way that is not consistent with the standard of care for an expert in medicine with similar training and experience in the specific circumstances of the case.

In addition to medical experts, attorneys can also interview anyone who might have relevant information or a story to share. They are sworn statements that are that are made outside of court and permit lawyers to inquire of witnesses directly what happened. Depositions can be conducted over the phone or by video conference, but the majority are conducted in the courtroom. These meetings are often stressful and stressful, but are essential to constructing a convincing case for clients and obtaining the highest possible compensation.

Statute of limitations

Like many states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and a quarter years to file a lawsuit after the date of the wrongful act, omission, or failure that they believe caused the injuries of their child.

Your attorney can review your child's medical records to determine which obstetricians nurses and other hospital staff may have been involved in your son or daughter's birth. He or she will ask for any documents and details that relate to the injuries of your child.

Your lawyer must prove malpractice by proving that the defendant was bound by a duty to your child and failed to provide the standard of care in similar circumstances. To prove this, your lawyer will work with medical professionals in comparing the actions of the medical professional to accepted practices and procedures.

A lawyer can also help you identify witnesses and find them who can testify about your case. These experts can provide valuable information about the decision-making process of a doctor and how an error or omission caused the birth injuries of your child. Your lawyer will then be able to use 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 the parents.

Expert Witnesses

With the right assistance families can receive the compensation they need to pay medical bills, lost income from time off from work as well as rehabilitative therapies and treatments as well as the costs of long-term health care. However, the key to winning a birth injury case is having the top experts on your side.

They are able to review the evidence and offer a professional opinion about whether a medical professional breached their obligation of care by taking an action that could have led to the injuries of an infant. They can simplify medical terms for juries or judge to comprehend.

The objective of an expert witness is to give an impartial medical opinion that is reflective of the current knowledge as of the date of the incident. This means that they should not exclude any relevant information in order to form a view that is more favorable to either the plaintiff or the defendant.

Experts should also review the relevant medical records as well as contemporaneous research with sufficient detail in order to form a sound opinion. In certain instances experts could be asked to give a sworn statement outside of the courtroom. These sessions can be intimidating but they are a crucial part of preparing for a case. Your lawyer can prepare you for these sessions and ensure that you are treated fairly.