Birth Injury Litigation

Medical negligence during the delivery process and labor can cause serious birth injuries for infants. These injuries leave a lasting effect on the child and their family.

A successful lawsuit can be used to pay for future and ongoing medical costs, lost wages, and other losses. A successful lawsuit could require years to obtain.

Compensation

Despite amazing medical advances the risk of childbirth is still high. Parents and their babies expect the doctors who attend to be professional and avoid making mistakes that could have lifelong consequences. If your baby was injured that was caused by carelessness of a hospital or doctor You may wish to speak with an New York birth injury lawyer [vimeo.com] to determine the legal options you have.

If you're successful with your claim, you'll be awarded financial compensation. This could include future and current medical costs, lost earnings, emotional stress and a variety of other damages. In some cases juries and judge may also award punitive damages for egregious behavior.

Your attorney will work closely with a network of expert witnesses to determine what took place and the accepted standard of care. They will go through all your medical records and evaluate the actions of your medical team during your delivery. This information will help build an argument that is strong and increase your chances for success.

Typically your lawyer will attempt to reach a settlement with the malpractice insurer prior to filing an action. This requires submitting an itemized list of demands that includes a full account of the losses your family has suffered and medical evidence that supports them. The malpractice insurance company will respond with an offer. If no settlement is reached the case will go to trial.

Damages

The damages the plaintiff could be awarded are either economic (such a medical bill) or not-economic (such the suffering and pain). In many cases, juries decide to award both. The amount of damages the victim is awarded will be based on the degree to which the accident has affected their lives as well as evidence of their past and future losses. Certain states restrict the amount of non-economic damages that juries can decide to award.

To be able to claim compensation, you must prove that the defendant did not fulfill their duty of caring. This is done by the use of medical documents, expert witness testimony, and depositions. Medical experts are those who have specialized in a particular field of medicine. They review all evidence in the case and testify at trial if necessary. In birth injury cases the expert will determine if the defendant's actions did not meet the standard of care of a medical professional of similar experience and training.

Attorneys can also question any person who has a story that is relevant or with a unique insight. These are legally sworn statements delivered outside of court that allow attorneys to ask witnesses directly what happened. Some depositions are conducted over the telephone or via videoconference however the majority of depositions are held in the courtroom. These depositions are often challenging and stressful, but they are essential to constructing a convincing case for clients and to securing the highest possible amount of compensation.

Statute of Limitations

Like many states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have a maximum of two and a quarter years to file a suit within the time frame of a negligent act, omission or failure that they believe caused the injuries of their child.

Your attorney will be able to review the medical records of your child to determine whether any nurses or obstetricians and other hospital personnel, were involved in the denton birth injury law firm of your daughter or son. He or she will request any documents or birth injury lawyer information that pertains to the injuries of your child.

In order to prove the misconduct, your lawyer needs to establish that the defendant owed your child a duty and breached this duty by failing to uphold the standard of care in similar circumstances. To prove this, your attorney will collaborate with medical professionals to compare the actions of the medical professional with accepted procedures and practices.

A lawyer can assist you locate witnesses to be available to testify in your case. These professionals can provide valuable information about the process used by doctors to make decisions and the way in which an error or omission resulted in your child's birth injuries. This evidence can be used by your lawyer to justify your claim for compensation. A successful medical malpractice case involves two separate legal claims one for the child that was injured and another for their parents.

Expert Witnesses

With the right support families can receive compensation that covers medical bills, lost income from working hours taken off as well as rehabilitative therapies and treatments in addition to the costs of long-term care. But the most important thing to winning a petaluma birth injury law firm injury case is having the best expert witnesses possible for your case.

They will review the evidence and provide their professional opinion on whether a medical professional breached their duty of care when they performed an action that could have led to the injuries of an infant. They can simplify medical terms for a jury or judge to comprehend.

The expert witness's role is to offer an objective medical opinion that is reflective of the current state of the art at the time of the incident. This means that they should not omit any relevant information to develop an opinion that is more favorable to either the plaintiff or defendant.

Experts must also read relevant medical records as well as current research in making an informed judgement. In certain cases, birth injury lawyer an expert may be asked to give an unassailable statement in the courtroom. These sessions can be stressful but they are an essential part of the preparation of a case. Your lawyer can help you prepare for these sessions and ensure that you are treated fairly.