Birth Injury Litigation

Medical negligence during labor and birth can result in severe birth injuries to infants. These injuries can have a lasting impact on the infant and their family.

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

Compensation

Despite incredible medical advances childbirth can be dangerous. Mothers and babies alike expect that doctors act in a professional manner and avoid mistakes that could cause long-lasting damage. If your baby suffered an injury that was due to the negligence of a medical professional or hospital You might want to contact an New York birth injury lawyer to determine the legal recourses you have.

If you're successful in your claim, you will be awarded financial compensation. This can be used to pay for the medical costs of the present and future as well as lost earnings, emotional distress, and other areas of damage. In some cases juries or judge may also award punitive damages in the event of egregious conduct.

Your attorney will work closely with network experts witnesses to determine what occurred and the accepted standard of treatment. They will review your entire medical record and review what the medical staff did during your monticello birth injury lawyer. This information will help them build a strong case to increase your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice carrier before filing a lawsuit. This involves the submission of a demand document, which includes a detailed account of your family's losses along with medical evidence that supports the claims. The malpractice insurance company will respond with an offer. If a settlement isn't reached, the case will go to trial.

Damages

The damages that a plaintiff can receive can be either financial (such medical bill) or non-economic (such the pain and suffering). In a majority of cases, juries award both. The amount of the damages a victim receives will be determined by the degree to which the accident has affected their lives, birth injury lawyer and also the evidence of the past and future losses. Certain states also have limits on how much a jury can award for non-economic damages.

In order to be eligible for compensation, you must show that the defendant did not fulfill their duty of care. This is done by mixing medical records, expert testimony and depositions. Medical experts are individuals who have been trained in a specific area of medical practice. They scrutinize all evidence and can appear in court if they are required. In birth injury cases, the expert will help establish that the defendant's actions are against the standard of care expected from an expert in medicine with similar training and experience in the case's circumstances.

In addition to medical experts, attorneys also be able to depose anyone who has relevant information or a story to share. These are sworn, out-of-court statements that permit attorneys to directly question witnesses about what happened. Some depositions are conducted via the phone or through a video conferences, but the majority are conducted in a courtroom. These depositions are often challenging and stressful, yet they are essential to building 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 a statute of limitations window. Parents have two and a half years from the date of an incident or omission that is believed to cause the injury of their child to pursue a lawsuit.

Your attorney can review the medical records of your child to determine whether any nurses or doctors, as well as other hospital personnel, were involved in the birth of your daughter or son. He or she will ask for any documents and information that pertains to the injuries of your child.

Your lawyer must establish the malpractice by establishing that the defendant owed obligations to your child and violated it by failing to provide the proper care in similar circumstances. To prove this, your attorney will collaborate with medical professionals in comparing the actions of the medical professional with accepted practices and procedures.

A lawyer can assist you locate witnesses to be available to testify in your case. They can provide an insight into the process used by doctors to make decisions and how a specific mistake or omission led to the birth injury to your child. The evidence could be used by your lawyer in support of your compensation claim. A successful medical malpractice claim involves two separate legal claims, one for the child who was injured and another for their parents.

Expert Witnesses

With the right help families can get the compensation they need to pay medical bills and lost income due to absence from work, rehabilitative treatments and therapies as well as the costs of long-term health care. The most important factor to win the birth-injury lawsuit is having the most skilled experts as your witnesses.

They can look over the evidence and provide a professional opinions on whether a medical professional has violated their duty of care when they performed an action which could have resulted in an infant's injury. They can also explain complicated medical terms to make them easier for judges or jury to understand.

The expert witness's job is to give an impartial medical opinion that is reflective of the current knowledge as of the date of the event. This means they must not omit any relevant information to create a view that is more favorable to either the plaintiff or defendant.

Experts should also thoroughly review relevant medical records and current literature to make an informed decision. In some instances, experts may be called to give deposition (sworn out-of-court statements). These meetings can be stressful, but they are a crucial part of preparing for a case. Your attorney can help prepare for these sessions and make sure that you are treated fairly.