Birth 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 child as well as their family.

A successful lawsuit can help pay for future and ongoing medical expenses, lost wages and other damages. A successful lawsuit could take a long time to complete.

Compensation

Despite the amazing advances in medical technology, childbirth is still an unwise procedure. Mothers and babies alike expect that doctors act with professionalism and avoid blunders that could have long-lasting consequences. If your baby was injured that was due to the negligence of a medical professional or hospital, you may want to speak with a New York birth injury lawyer to determine what legal options you have.

If you're successful in your claim, you will be awarded financial compensation. This can include future and Vimeo current medical costs, lost wages, emotional stress, and other damages that could be awarded. In certain cases juries or judge may also award punitive damages for the most egregious of conduct.

Your attorney will collaborate closely with a network expert witnesses to determine what occurred and the standard of care you should expect. They will review all of your records and review the actions of your medical team during your delivery. This will help to build a strong argument and maximize your chances for success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice insurer prior to filing a lawsuit. This would involve submitting a demand package, which will include a written statement of your family's losses as well as the medical evidence to support the claim. The malpractice insurer will then make an offer. If a settlement cannot be reached, the lawsuit will proceed to trial.

Damages

The damages a plaintiff gets may be either financial (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases, juries award both. The amount of damages that a victim is awarded will be determined by the extent to which the injury has affected their lives, and also the evidence of the past and future losses. Certain states limit the amount of non-economic damages juries may decide to award.

To be able seek compensation, you must show that the defendant breached their duty of care. This is done by the use of medical documents as well as expert witness testimony and depositions. Medical experts are people who are experts in a particular field of medical practice. They evaluate all evidence and are able to appear in court if they are required. In cases of birth injuries, the expert will determine if the defendant's actions were outside the standards of care expected of an medical professional with similar training and experience.

Attorneys can also depose any person who has a story that is relevant or who has an unique perspective. They are sworn statements that are delivered outside of court that permit attorneys to inquire about witnesses directly what transpired. Some depositions are conducted via phone or via video conference but the majority are held in court. These depositions are often challenging and stressful, but they are essential to building a strong case for clients and obtaining the maximum possible compensation.

Statute of Limitations

In New York, as in many states, medical negligence claims must be filed within the statute of limitations window. Parents have two and two and a half years from date of an incident or omission that is believed to have led to the injury of their child to make a claim.

Your attorney can review the medical records of your child to determine whether any nurses or obstetricians as well as other hospital staff, were involved in the birth of your child or daughter. He or she will then ask for any documents and information related to the injury of your child.

If you want to prove that there was a misconduct, your lawyer needs to establish that the defendant was owed by your child a obligation and violated that duty by failing to meet the standards of care required in similar circumstances. To demonstrate this, your attorney will work with medical experts in comparing the actions of a medical professional with accepted practices and procedures.

A lawyer can also help you identify witnesses to testify on your behalf. These professionals can provide valuable insight into the process used by doctors to make decisions and how an error or omission resulted in your child's san clemente birth injury attorney injuries. Your lawyer could then use this evidence to support your claim for compensation. A successful medical malpractice claim involves two distinct legal claims one for the child who was injured and one for parents.

Expert Witnesses

With the right support, families can obtain compensation for medical expenses, lost income from working hours taken off rehabilitation and therapy as well as the cost of long-term medical care. But the key to successfully winning a birth injury lawsuit is having the top expert witnesses on your side.

These individuals are able to review evidence and give their professional opinion on whether a medical professional has violated their duty of caring by doing something that could have led to the injury of an infant. They can also explain complicated medical terms to make them easier for a judge or jury to understand.

An expert witness's job is to provide objective medical evidence that reflects the current state of knowledge at the time of the event that is being investigated. This means they must not exclude any relevant information in order to form an opinion that is more favorably disposed to either the plaintiff or the defendant.

Experts should also thoroughly review relevant medical records and current research to form an informed opinion. In certain cases, experts may be called to make deposition (sworn out-of-court statement). These sessions can be intimidating but are an important part of making a case. Your lawyer can help you prepare for these sessions and make sure that you are treated with respect.