Birth Injury Litigation

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

A successful lawsuit can be used to pay for future and present medical expenses as well as lost wages and other damages. A successful lawsuit may take years to reach.

Compensation

Despite the latest medical advancements birth can be a risky. Mothers and babies alike expect that doctors will act professionally and avoid making mistakes that could result in long-lasting harm. If you believe that the doctor or hospital has been negligent in causing the injuries to your baby, you should contact a New York birth injury lawsuits injuries lawyer to determine the legal options you have.

A successful claim for birth injuries can result in financial compensation. This can be used to pay for current and future medical expenses as well as lost earnings, emotional distress, and other potential areas of damage. In some instances juries or judges could also award punitive damages in the event of unjust conduct.

Your attorney will work closely with a network of expert witnesses to determine what happened and the accepted standard of care. They will go through all your medical records and review the actions of your medical team during your birth. This information will help build a strong argument and maximize your chances for success.

Before bringing a lawsuit your lawyer will typically try to talk to the malpractice insurance company. This will involve the submission of a demand document, which includes a statement detailing your family's losses as well as the medical evidence to support the claim. The malpractice carrier will then respond with an offer. If a settlement isn't reached, the case will go 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 many cases the jury awards both. The amount of damages that the victim is awarded is based on how their injury has affected them, as well as their previous and future losses. Certain states also have restrictions on the amount a jury can award for non-economic damages.

To pursue compensation the plaintiff must prove that the defendant did not fulfill their duty of care. This is done by mixing medical records, expert testimony, and depositions. Medical experts are those who have specialized in a particular area of medicine. They scrutinize all evidence in the case and testify at trial if needed. In birth injury cases, the expert will help establish the defendant's actions were outside the scope of care for an expert in the field with similar experience and training.

In addition to medical experts, attorneys can also interview anyone who may have a relevant story or insight. These are legally sworn statements made outside of court that permit attorneys to ask witnesses directly what happened. Depositions can be conducted over the phone or by video conference however, the majority are held in the courtroom. These meetings are often stressful and stressful, but are essential to constructing a convincing case for clients and obtaining the highest possible amount of compensation.

Statute of Limitations

Like most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and two and a half years from date of the act or omission believed to have caused their child's injury to file a lawsuit.

Attorneys can look through your child's medical records to determine which doctors, nurses, and other hospital staff could have been involved in your son's or daughter's birth injury attorneys. He or she may then seek any relevant documents and information that could help determine the reason for your child's injuries.

In order to prove malpractice, your lawyer must prove that the defendant was bound by a duty and breached this duty by failing to meet the standard of care under similar circumstances. To prove this, you lawyer will work with medical professionals to compare the actions of the medical professional to accepted practices and procedures.

A lawyer can help find witnesses who will be available to testify in your case. These professionals can give an important insight into the doctor's decision-making process and how a particular mistake or omission contributed to the birth Injury lawsuit injury of your child. The evidence could be used by your lawyer to justify your compensation claim. A successful medical malpractice claim involves two separate legal claims one for the injured child and one for the parents.

Expert Witnesses

With the right help, families can obtain compensation for medical expenses, lost income from absence from work, rehabilitative treatments and therapies, as well as the cost of long-term care. The most important factor to win a birth-injury claim is having the most skilled experts as your witnesses.

They can look over the evidence and offer a professional opinions on whether a medical professional violated their duty of care when they performed an act that could have resulted in injuries to an infant. They can simplify medical terms for a jury or judge to understand.

The objective of an expert witness is to provide an objective medical opinion that is reflective of the current state of the art at the time of the event. This means that they cannot eliminate relevant information to provide a more favorable opinion for the plaintiff or the defendant.

Experts should also review the relevant medical records as well as contemporaneous literature with sufficient depth so that they can form a sound opinion. In certain instances experts may be required to give an unassailable statement in court. These sessions can be a bit intimidating but they are an essential part of making the case. Your attorney can help prepare for these sessions and ensure that you are treated with respect.