birth injury law firm Injury Litigation

Medical negligence during delivery and labor could result in serious birth injuries for infants. These injuries can have a lasting impact on the infant as well as their family.

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

Compensation

Despite remarkable medical advances the risk of childbirth is still high. Mothers and babies expect doctors on hand to behave professionally and avoid errors that could have lifelong consequences. If you think a doctor or hospital is liable for your baby's injury and/or death, you should consult a New York norfolk birth injury lawsuit injuries lawyer to determine the legal options you have.

If you're successful in your claim, you'll be awarded financial compensation. This could include future and current medical expenses loss of wages, emotional stress, and many other damages. In certain cases, juries and judges may also award punitive damages for the most egregious of conduct.

Your attorney will work closely with a network expert witnesses to determine what transpired and the accepted standard of care. They will look over your medical records and examine the actions of the medical staff present during your delivery. This will assist them to make a convincing case and maximize your chances of success.

Typically your lawyer will attempt to reach a settlement with the malpractice company prior to filing an action. This will involve making a demand package which will include a written statement of your family's losses as well as the medical evidence that supports them. The malpractice insurance company will respond with an offer. If a settlement isn't reached, the lawsuit will go to trial.

Damages

The damages plaintiffs can be awarded can be monetary (such a medical bills) or non-economic (such as suffering and pain). In a majority of cases juries award both. The amount of the damages that a victim is awarded will be determined by the extent to which the incident has affected their life, and also the evidence of the past and future losses. Certain states limit the amount of non-economic damages that a jury may determine.

To be able to claim compensation, you must show that the defendant did not fulfill their duty of care. This is done by mixing medical documents, expert testimony, and depositions. Medical experts are individuals who have specialized in a specific area of medicine. They review all evidence in the case, and guadalupe birth injury Attorney testify in court if required. In birth injury cases the expert will be able to prove that the defendant's actions fell outside the standards of care expected of medical professionals with similar training and experience.

In addition to medical experts, attorneys will also be able to depose anyone who has an interesting story or insight. These are sworn, out-of-court statements that permit attorneys to inquire directly with witnesses about what transpired. Some depositions are conducted on the phone or via video conference, however most are held in the courtroom. These meetings can be challenging and stressful however they are crucial in establishing a strong case and securing the most favorable compensation for clients.

Statute of Limitations

In New York, as in most states, medical malpractice claims must be filed within a time frame of a statute of limitations. Parents have two and two and a half years from date of an act, omission or failure believed to cause injury to their child to pursue a lawsuit.

Your attorney can look over your child's medical records to determine which obstetricians, nurses and other hospital staff might have played a role in your son or daughter's birth. They can seek any relevant documents and other information that could aid in determining the cause of your child's injuries.

Your lawyer must prove that there was a breach of contract by proving that the defendant was bound by obligations to your child and breached it by failing to provide the required care in similar circumstances. To establish this, your lawyer will work with medical experts to evaluate the actions of the medical professional to accepted practices and procedures.

A lawyer can help you find witnesses who will testify in your case. They can provide an insight into the doctor's decision-making process and how a particular mistake or omission could have led to the birth injury suffered by your child. Your lawyer will then be able to use the evidence to support your claim for compensation. A successful medical malpractice lawsuit involves two separate legal claims: one for the child who was injured and one for the parents.

Expert Witnesses

With the right help families can receive the compensation they need to pay medical bills, lost income from absence from work as well as rehabilitative therapies and treatments and the cost of long-term medical care. But the most important thing to winning a birth injury case is having the most experienced expert witnesses for your case.

They are able to look over the evidence and provide an expert opinion on whether a medical professional acted in violation of their duty of care by doing something that could have led to injuries to an infant. They can also explain complicated medical terms to make them easier for a judge or jury to understand.

The objective of an expert witness is to provide an objective medical opinion that is reflective of the current knowledge at the time of the event. This means that they cannot exclude relevant information in order to present a favorable impression for either the plaintiff or defendant.

Experts should also review the relevant medical records as well as contemporaneous research with sufficient detail to enable them to form an informed opinion. In some instances, experts may be called to give deposition (sworn out-of-court declaration). These sessions can be daunting however they are a crucial part of preparing for a case. Your lawyer can help you prepare for these sessions and ensure that you are treated fairly.