Birth Injury Litigation

Medical negligence during the delivery process and labor could result in serious prescott birth injury law firm injuries to infants. These injuries can have a lasting impact on the infant as well as their families.

A successful lawsuit may help pay for medical costs now and in the future in the future, lost wages, and other damages. A successful lawsuit can take years to achieve.

Compensation

Despite the remarkable medical advancements birth is still a risky procedure. Mothers and babies alike expect that doctors act with professionalism and avoid mistakes that could cause long-lasting damage. If your baby was injured due to negligent actions of a medical professional or hospital, you may want to consult a New York birth injury lawyer to determine what legal recourses you have.

If you're successful in your claim, you'll receive financial compensation. This could cover current and future medical expenses loss of wages, emotional distress and other potential areas of damage. In some cases juries or judge may also award punitive damages in the event of egregious conduct.

Your attorney will work in conjunction with a network of experts witnesses to analyze what happened and define the accepted standard of care. They will go through all of your medical records and analyze the actions taken by medical personnel during your delivery. This information will help you build strong arguments and increase your chances of success.

Before filing a lawsuit, your lawyer will typically attempt to bargain with the malpractice insurance company. This will require you to submit an array of demands which includes a detailed description of your family's losses and medical evidence to justify the claims. The malpractice insurer will then make an offer. If there is no settlement the case will proceed to trial.

Damages

The damages the plaintiff could be awarded are either economic (such medical bills) or not-economic (such suffering and pain). In many cases juries give both. The amount of damages a victim receives will be based on the extent to which the injury has affected their lives, and also the evidence of their past and future losses. Certain states limit the amount of non-economic damages juries may determine.

In order to seek compensation the case must prove that the defendant breached their duty of care. This is done by the use of medical documents, expert witness testimony, and depositions. Medical experts are individuals who are experts in a particular field of medical practice. They evaluate all evidence and are able to be called in to testify in court if required. In birth injury cases, the expert will prove that the defendant's actions fall against the standard of care expected from medical professionals with similar training and experience in the specific circumstances of the case.

In addition to medical experts, attorneys will take the depositions of anyone who has an interesting story or insight. These are sworn, out-of-court statements that permit attorneys to directly question witnesses about what happened. Some depositions are conducted over the phone or through a video conferences, but the majority are conducted in the courtroom. These conversations are often difficult and stressful, but are essential to building a strong case for clients and obtaining the highest possible compensation.

Statute of Limitations

Like most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and a half years to file a lawsuit after the date of the mistake, omission or omission they believe caused their child's injuries.

Your attorney will be able to review the medical records of your child to determine if any obstetricians or nurses and other hospital staff were involved in the birth of your son or daughter. He or she can then seek any relevant documents and data that can help identify the cause of your child's injuries.

In order to prove the negligence, your lawyer must establish that the defendant was bound by a obligation, and then breached it in failing to comply with the standard of care in similar circumstances. To prove this, you lawyer will work with medical professionals to evaluate the actions of the medical professional with accepted practices and procedures.

A lawyer can help identify witnesses who can provide testimony in your case. These professionals can give valuable insights into the decision-making process of the doctor and how a specific mistake or birth injury omission caused your child's birth injury. Your lawyer could then use the evidence to support your claim for compensation. A successful medical malpractice case involves two distinct legal claims one for the child who has been injured and one for parents.

Expert Witnesses

With the right support 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 cost of long-term medical care. The key to winning a birth injury lawsuit is having the top experts available to be on your side.

They can also review evidence and offer an expert opinion on whether a medical professional violated their duty of care by performing an act that could have caused an infant's injury. They can explain complicated medical terms to make it easier for judges or birth injury jury to comprehend.

The expert witness's role is to give an impartial medical opinion that is reflective of the current knowledge at the time of the event. This means that they should not omit any relevant information to create an opinion that is more favorable to either the plaintiff or the defendant.

Experts should also thoroughly review relevant medical records and contemporary literature to be able to make an informed judgment. In some cases, experts may be called to appear in a deposition (sworn out-of court statement). These sessions can be intimidating but they are an essential part of preparing an argument. Your attorney can prepare you for these sessions and make sure that you are treated fairly.