Birth Injury Litigation

Medical mistakes during labor and delivery can cause serious birth injuries to infants. These injuries can have a long-lasting effect on the child and their family.

A successful lawsuit could help pay for future and current medical costs as well as lost wages, and other losses. However it could take years to complete.

Compensation

Despite the amazing advances in medical technology however, childbirth remains an extremely risky process. Parents and their babies expect doctors in attendance to act with professionalism and avoid errors that could have lifelong consequences. If your baby suffered an injury that was caused by carelessness of a hospital or doctor, you may want to speak with a New York birth injury lawyer to find out what legal recourses you have.

A successful claim for birth-related injuries can result in financial compensation. This could include future and current medical expenses loss of earnings, emotional stress and many other damages. In some instances juries or birth injury lawyer judges could also award punitive damages in the event of egregious conduct.

Your attorney will work closely with a network of expert witnesses to determine what took place and the accepted standard of treatment. They will go through all of your records and evaluate the actions of your medical team during your birth injury lawyer. This information will help them make a convincing case and maximize your chances of success.

Typically your lawyer will attempt to reach a settlement with the malpractice insurer prior to filing a lawsuit. This will require submitting an array of demands which includes a detailed account of the losses your family has suffered and the medical evidence that supports them. The malpractice insurance company will make an offer. If no settlement is reached, the lawsuit will go to trial.

Damages

The damages that plaintiffs may be awarded can be either financial (such a medical bill) or non-economic (such the suffering and pain). In a majority of cases, juries decide to award both. The amount of damages the victim is awarded is based on how the accident has affected them in addition to their past and future losses. Certain states limit the amount of non-economic damages a jury may decide to award.

To be able to seek compensation, it must be proven that the defendant did not fulfill their duty of care. This is done through the use of medical records, expert witness testimony, and depositions. Medical experts are individuals who are experts in a certain area of medicine. They examine all evidence in the case and are able to testify at trial, if needed. In cases of birth injuries, the expert will establish that the defendant's actions did not meet the standard of care of an medical professional with similar experience and training.

Attorneys can also question anyone who has a relevant story or has an exclusive perspective. These are sworn, out-of-court statements that permit attorneys to question witnesses directly about what transpired. Some depositions are conducted on the phone or through a video conference, but the majority are conducted in a courtroom. These meetings can be challenging and stressful however they are crucial to build a strong case and securing the most favorable compensation for clients.

Statute of Limitations

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

Your attorney can review your child's medical records to determine which obstetricians nurses and other hospital personnel could have been involved in your daughter or birth injury lawyer son's charlotte birth injury lawyer. They can seek any relevant documents and information that may help identify the cause of the injuries to your child.

Your lawyer has to prove the case of malpractice by establishing that the defendant owed the child a duty and failed to provide the required care in similar circumstances. To demonstrate this, your attorney will collaborate with medical experts to evaluate the medical professional's actions with accepted practices and procedures.

A lawyer can also help you find witnesses to testify about your case. These professionals can give an important insight into the process used by doctors to make decisions and how a specific mistake or omission caused the birth injury suffered by your child. Your lawyer can then use this evidence to support your claim for compensation. A successful medical malpractice case involves two separate legal claims one for the child that was injured and one for their parents.

Expert Witnesses

Families can receive compensation for medical bills, lost wages from time off work therapy and rehabilitation as well as costs for long-term health care with the right help. However, the key to winning a birth injury lawsuit is having the best experts on your side.

These individuals can review evidence and offer an expert opinion on whether a medical professional has violated their duty of caring by performing an act that could have led to an infant's injury. They can simplify medical terms for a jury or judge to comprehend.

The job of an expert witness is to provide impartial medical testimony that is based on the state of knowledge at the time of the event in question. This means they must not ignore relevant information in order to give a more favorable perspective for either the plaintiff or defendant.

Experts should also study relevant medical records and contemporary literature to in making an informed judgement. In certain cases experts could be required to make a sworn statement outside of court. These sessions can be intimidating but they are an essential part of preparing the case. Your attorney can prepare you for these sessions and make sure that you are treated with respect.