Birth Injury Law Firms Injury Litigation

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

A successful lawsuit could help with medical costs now and in the future as well as lost wages and other damages. However it can take years to reach.

Compensation

Despite incredible medical advances, childbirth can be risky. Babies and mothers expect doctors to be professional and avoid mistakes that could have lifelong consequences. If you think the doctor or hospital was negligent in causing the injuries to your baby and/or death, you should consult a New York birth injuries lawyer to determine what legal options you have.

A successful claim for birth injuries can result in financial compensation. This could include future and current medical expenses as well as lost wages, emotional stress and many other damages. In some instances juries and birth injury law firms judges could also award punitive damage for the most egregious of conduct.

Your attorney will work closely with a network expert witnesses to determine what happened and the accepted standard of treatment. They will go through all of your medical records and evaluate what the medical staff did during your delivery. This will help to build strong arguments and increase your chances for success.

Before bringing a lawsuit, your lawyer will usually attempt to bargain with the malpractice insurance company. This requires submitting an agenda of demands that includes a full declaration of the losses suffered by your family and medical evidence to support the claims. The malpractice insurer will respond with an offer. If a settlement isn't reached, the lawsuit will go to trial.

Damages

The damages that 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 that an individual victim will be awarded is determined by how the accident has affected them as well as their past and future losses. Certain states restrict the amount of non-economic damages that juries can award.

In order to pursue compensation the plaintiff must prove that the defendant acted in breach of their duty of care. This is accomplished through the use of medical records and expert witness testimony and depositions. Medical experts are individuals who have been trained in a certain area of medicine. They examine all evidence in the case and can testify in court if required. In cases of birth injuries, the expert will help establish that the defendant's actions were against the standard of care expected from medical professionals with the same experience and training in the particular case.

Attorneys will also depose anyone with a pertinent story, or who has an unusual perspective. These are sworn out-of-court statements that allow attorneys to question witnesses directly about what happened. Some depositions are conducted over the phone or via video conference, but most are conducted in the courtroom. These depositions are often challenging and stressful, yet they are essential in establishing a strong argument for clients and obtaining the best possible amount of compensation.

Statute of limitations

In New York, as in the majority of states, medical malpractice claims must be filed within a time frame of a statute of limitations. Parents have up to two and a half years to file a lawsuit within the time frame of a negligent act, omission or omission they believe caused the injuries of their child.

Your attorney may review the medical records of your child to determine which obstetricians nurses, and other hospital staff could have been involved in your son or daughter's birth. They can request any relevant documents and data that can aid in determining the cause of your child's injuries.

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

A lawyer can also assist you to find witnesses who can testify about your case. They can provide valuable information about the process used by doctors to make decisions and the way in which an error or omission caused the birth injury lawsuit injuries of your child. The evidence could be used by your lawyer to prove your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child that was injured and another for their parents.

Expert Witnesses

Families can receive compensation for medical bills, lost wages from working hours therapy and rehabilitation as well as long-term care expenses with the right support. The most important factor to win the birth injury-injury lawsuit is having the most skilled expert witnesses on your side.

They are able to review the evidence and provide a professional opinion as to whether a medical professional acted in breach of their duty of care in carrying out an act which could have resulted in an infant's injuries. They can simplify medical terms for juries or judge to understand.

The expert witness's role is to offer an objective medical opinion that is based on the current state of the art at the time of the incident. This means they must not exclude relevant information in order to present a favorable perspective for either the plaintiff or defendant.

Experts must also look over the relevant medical records as well as contemporaneous publications with enough depth so that they can form an informed opinion. In some cases, an expert may be required to make an oath in court. These sessions can be intimidating but they are a crucial part of making for a trial. Your attorney can prepare you for these sessions and make sure that you are treated with respect.