Birth Injury Litigation

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

A successful lawsuit could help pay for future and present medical costs, loss of wages, and other damages. However, a successful lawsuit can take a long time to get.

Compensation

Despite incredible medical advances the risk of childbirth is still high. Baby and mother expect the doctors who attend to be professional and avoid errors that could have lasting consequences. If you think the doctor or hospital was negligent in causing your baby's injury or harm, you should speak with a New York birth injuries lawyer to determine the 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 and lost wages, emotional stress, and other areas of damage. In some cases, juries and judges may also award punitive damages in the event of the most egregious of conduct.

Your attorney will collaborate with a network of expert witnesses to analyze what happened and establish the accepted standard of care. They will look over your medical records and examine the actions of the medical personnel that were present during your delivery. This information will help them make a convincing case and increase your chances of success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice carrier before filing a lawsuit. This will require you to submit an agenda of demands that includes a full statement outlining your family's losses and medical evidence that supports them. The malpractice insurer will respond with an offer. If a settlement is not reached, the case will proceed to trial.

Damages

The damages the plaintiff could be awarded are either economic (such a medical bills) or non-economic (such the pain and suffering). In a majority of cases the jury awards both. The amount of money the victim will receive is based on how their accident has affected them as well as their previous and future losses. Certain states also have restrictions on the amount an individual jury can award in non-economic damages.

To be able to seek compensation to recover compensation, it must be proved that the defendant did not fulfill their duty of care. This is done through a combination of medical records and expert witness testimony and depositions. Medical experts are individuals who are knowledgeable in a specific field of medicine. They examine all evidence and can appear in court if they are required. In university city birth injury attorney injury cases, the expert will determine if the defendant's actions did not meet the standards of care expected of an medical professional with similar experience and training.

Attorneys may also depose any person who has a story that is relevant or with an unique perspective. These are sworn, out-of-court statements that allow attorneys to ask witnesses directly about 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, but they are essential to constructing a convincing case for clients and Vimeo.Com obtaining the highest possible compensation.

Statute of limitations

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

Your attorney may review the medical records of your child to determine whether any nurses or obstetricians along with other hospital personnel, were involved in the birth of your child or daughter. He or she will ask for any documents and information that pertains to the injuries of your child.

Your lawyer has to prove the case of malpractice by establishing that the defendant was bound by an obligation to your child and failed to provide the appropriate care in similar circumstances. To prove this, your lawyer will collaborate with medical experts in comparing the actions of a medical professional with accepted practices and procedures.

A lawyer can help find witnesses who will be able to testify in your case. These experts can provide valuable information about the decision-making process of a doctor and the way in which an error or omission caused your child's birth injuries. Your lawyer could then use this evidence to prove your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child who was injured as well as one for the parents of the child.

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 or ecs-pw-pc2.ecs.csus.edu rehabilitative therapies as well as the costs of long-term health care. The key to winning the birth-injury lawsuit is having the most skilled expert witnesses on your side.

These individuals can review the evidence and provide their professional opinion on whether a medical professional acted in breach of their obligation of care by taking an act that could have resulted in an infant's injury. They can also explain complicated medical terms to make it easier for judges or jury to understand.

The role of an expert witness is to offer an objective medical opinion that is reflective of the current knowledge at the time of the incident. This means they must not exclude relevant information in order to create a more favorable perspective for either the plaintiff or the defendant.

Experts should also examine the relevant medical records and contemporaneous publications with enough depth so that they can form a sound opinion. In some instances experts may be asked to give an unassailable statement in court. These sessions can be daunting however they are a necessary part of preparing for a trial. Your attorney can help you prepare for these sessions and make sure that you are treated with respect.