Birth Injury Litigation

Medical negligence during the delivery process and labor can result in serious birth injuries to infants. These injuries have a lasting impact on the child as well as their family.

A successful lawsuit can help pay for future and present medical expenses as well as loss of wages, and other damages. However the process of obtaining a lawsuit that is successful can take a long time to get.

Compensation

Despite the latest medical advancements childbirth can be dangerous. Babies and mothers alike hope that doctors act in a professional manner and avoid blunders that could have long-lasting consequences. If your baby suffered an injury caused by the negligence of a medical professional or hospital You may wish to speak with an New York birth injury lawyer to find out what legal recourses you have.

If you are successful in your claim, you will be awarded financial compensation. This can include current and future medical expenses loss of wages, emotional stress, and other potential damages. In some instances juries or judges can also award punitive damages in the event of egregious conduct.

Your attorney will collaborate with a team of experts witnesses to discover what happened and establish the accepted standard of care. They will go through all of your medical records and review what the medical staff did during your delivery. This information can help build a strong argument and maximize your chances of success.

Before bringing a lawsuit, your lawyer will typically try to talk to the malpractice insurance company. This involves sending a demand packet, that includes a report detailing your family's losses, as well as medical evidence to support the claim. The malpractice insurance company will make an offer. If a settlement is not reached, the case will proceed to trial.

Damages

The amount of damages a plaintiff is awarded may be either financial (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases the jury awards both. The amount of the damages that a victim is awarded will be based on the degree to which the accident has affected their life, and also the evidence of the past and future losses. Certain states also have limitations on the amount a jury can award in non-economic damages.

To be able to seek compensation the plaintiff must prove that the defendant did not fulfill their duty of care. This is accomplished by mixing medical evidence, expert testimony and depositions. Medical experts are those who are knowledgeable in a particular area of medical practice. They examine all evidence in the case and can testify at trial if necessary. In birth injury attorneys injury cases, the expert will help establish the defendant's actions are not in the scope of care for birth injury lawyer an medical professional with similar training and experience.

In addition to medical experts, attorneys will take the depositions of anyone who may have an important story or insight. They are sworn statements that are that are made outside of court and permit attorneys to ask witnesses directly what transpired. Some depositions are conducted on the phone or through a video conference, however most are held in a courtroom. These depositions can be difficult and stressful but they are essential in establishing a strong argument and obtaining the best compensation for clients.

Statute of Limitations

In New York, as in the majority of states, medical malpractice claims must be filed within the time frame of a statute of limitations. Parents have two and a half years from the date of an act, omission or failure believed to have caused their child's injury to file a lawsuit.

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

In order to prove malpractice, your lawyer has to prove that the defendant was bound by a obligation and then violated this obligation by failing to adhere to the standard of care in similar circumstances. To prove this, your lawyer will work with medical experts to analyze the actions of the medical professional to accepted practices and procedures.

A lawyer can also assist you to identify and locate witnesses to testify about your case. These professionals can give an insight into the doctor's decision-making process and how a specific mistake or omission contributed to the birth injury of your child. Your lawyer can then use the evidence to support your claim for compensation. A successful medical malpractice case requires two distinct legal claims one for the child injured and one for the parents.

Expert Witnesses

With the right help families can secure compensation to cover medical expenses and lost income due to absence from work or rehabilitative therapies and the costs of long-term care. The most important factor to win the birth-injury lawsuit is having the most skilled expert witnesses on your side.

They can also review the evidence and provide an expert opinion on whether a medical professional acted in violation of their duty of care doing something which could have caused the injury of an infant. They can also explain complex medical terms to make them easier for judges or jury to comprehend.

An expert witness's role is to provide unbiased medical evidence that reflects the current state of knowledge at the time of the event that is in dispute. This means they must not exclude any relevant facts to form a view that is more favorable to either the plaintiff or defendant.

Experts should also study relevant medical records and recent research to form an informed opinion. In some instances, experts may be called to give deposition (sworn out-of-court statements). These sessions can be daunting however they are an essential aspect of preparing the case. Your lawyer can help you prepare for these sessions and ensure that you are treated fairly.