Birth Injury Litigation

Medical inattention during labor and delivery can cause severe birth injuries to infants. These injuries can have a lasting impact on the child and their family.

A successful lawsuit can pay for current and future medical expenses as well as loss of wages, and other damages. However it can take years to reach.

Compensation

Despite remarkable medical advances, childbirth can be risky. Babies and mothers alike hope that doctors behave professionally and avoid making mistakes that could result in long-lasting harm. If your baby was injured caused by the carelessness of a medical professional or hospital you might want to consult a New York birth injury lawyer to see what legal options you have.

If you are successful in your claim, you will be awarded financial compensation. This could cover the current and future medical expenses as well as lost wages, emotional distress, and other areas of potential damage. In certain cases juries or judge may also award punitive damages for the most egregious of conduct.

Your attorney will work closely with a network of expert witnesses to determine what occurred and the standard of care that is accepted. They will go through all of your records and analyze what the medical professionals did during your delivery. This will assist them to create a strong case and maximize your chances of success.

Before filing a lawsuit, your lawyer will usually try to talk to the malpractice insurance company. This would involve submitting a demand package, which includes a statement detailing your family's losses and the medical evidence to support the claims. The malpractice insurance company will make an offer. If a settlement cannot be reached, the case will proceed to trial.

Damages

The damages a plaintiff receives may be either financial (such as medical bills) or non-economic (such as pain and suffering). In many cases juries award both. The amount of the damages that a victim is awarded will be determined by the extent to which the incident has impacted their life, and also the evidence of their past and future losses. Some states also place restrictions on the amount a jury can award for non-economic damages.

In order to pursue compensation the plaintiff must prove that the defendant violated their duty of care. This is accomplished through a combination of medical documents as well as expert witness testimony and depositions. Medical experts are individuals who are knowledgeable in a particular field of medicine. They scrutinize all evidence and may be called in to testify in court if required. In cases involving birth injuries, lawyers an expert can help prove that the defendant's actions were outside of the standard of care for medical professionals with the same training and experience under the circumstances of the case.

Attorneys can also depose any person who has a story that is relevant, or who has an exclusive perspective. They are sworn statements that are made outside of court that permit lawyers to inquire of witnesses directly what transpired. Depositions can be conducted via phone or by video conference but the majority are conducted in court. These conversations are often difficult and stressful, yet they are essential to establishing a strong case for clients and obtaining the highest possible amount of compensation.

Statute of Limitations

In New York, as in most states, medical malpractice claims must be filed within the time frame of a statute of limitations. Parents have two and two-and-a-half years from the date of an incident or omission to cause the injury of their child to bring a lawsuit.

Your attorney may review the medical records of your child to determine whether any obstetricians or nurses as well as other hospital staff, were involved in the birth of your son or daughter. They will request any documents and information that pertains to the injuries of your child.

When proving misconduct, your lawyer needs to establish that the defendant was bound by a obligation and violated that duty by failing to adhere to the standard of care in similar circumstances. To prove this, you lawyer will work with medical professionals to compare the actions of the medical professional with accepted practices and procedures.

A lawyer can also assist you to find witnesses who can testify about your case. These experts can provide valuable insight into a doctor's decision making process and what resulted in your child's birth injuries. This evidence can be utilized by your lawyer to justify your claim for compensation. A successful medical malpractice case requires two separate legal claims one for the injured child and one for the parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages resulting from time off work Rehabilitation treatments and therapies, and long-term care costs with the right help. The key to winning a bowling green birth injury attorney injury lawsuit is having the most experienced expert witnesses 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 doing something that could have led to injuries to an infant. They can explain complicated medical terms to make them easier for a judge or jury to comprehend.

An expert witness's job is to provide impartial medical evidence that reflects the state of knowledge at the time of the event that is being investigated. This means they must not exclude any relevant information to create a view that is more favorable to either the plaintiff or defendant.

Experts should also study relevant medical records and current literature to enable them to form an informed opinion. In some cases, Lawyers experts may be called to provide a deposition (sworn out-of-court declaration). These meetings can be stressful but they are an essential element of preparing for a case. Your attorney can help prepare for these sessions and make sure that you are treated with respect.