Birth Injury Litigation

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

A successful lawsuit may assist in paying for medical expenses now and in the future along with lost wages and other damages. A successful lawsuit can take years to achieve.

Compensation

Despite the latest medical advancements childbirth can be dangerous. Babies and mothers alike hope that doctors behave professionally and avoid making mistakes that could cause long-lasting damage. If your baby was injured caused by the negligence of a hospital or doctor You might want to consult a New York birth injury lawyer to see what legal recourses you have.

A successful claim for Snowflake birth injury attorney injuries will result in financial compensation. This can cover the current and future medical expenses and lost earnings, emotional distress, and other areas that could cause damage. In some instances juries and judges could also award punitive damages for an act of adversity.

Your attorney will work with a team of experts witnesses to analyze what happened and establish the standard of care that is accepted. They will go through your records and evaluate the actions of the medical professionals that were present during your delivery. This information can help build a strong argument and maximize your chances for success.

Before bringing a lawsuit, your lawyer is likely to try to talk to the malpractice insurance company. This will require submitting an itemized list of demands that includes a comprehensive account of the losses your family has suffered and medical evidence to support them. The malpractice carrier will then respond with an offer. If there is no settlement the case will go to trial.

Damages

The amount of damages a plaintiff is awarded could be monetary (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases, juries award both. The amount of damages the victim will receive is based on how their injury has affected them as well as their previous and future losses. Certain states also impose limits on the amount that an individual jury can award in non-economic damages.

In order to seek compensation the plaintiff must prove that the defendant did not fulfill their duty of care. This is accomplished by mixing medical documents, expert testimony, and depositions. Medical experts are people who have been trained in a certain area of medical practice. They review all evidence and are able to be called in to testify in court if required. In cases involving birth injuries, the expert will establish that the defendant's actions are not in the scope of care for an medical professional with similar training and experience.

In addition to medical experts, attorneys can also be able to depose anyone who may have relevant information or a story to share. These are sworn declarations that are made outside of court and permit attorneys to inquire about witnesses directly what transpired. Depositions can be conducted via phone or via video conference but the majority are conducted in the courtroom. These conversations can be difficult and stressful however they are crucial in establishing a strong argument and obtaining the best possible compensation for clients.

Statute of Limitations

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

Your attorney can 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 request any documents and information relevant to the injury of your child.

Your lawyer must prove that there was a breach of contract by proving that the defendant owed a duty to your child and violated it by failing to provide the standard of care under similar circumstances. To prove this, you attorney will collaborate with medical professionals to evaluate the actions of the medical professional to accepted practices and procedures.

A lawyer can help locate witnesses to provide testimony in your case. These professionals can give an insight into the decision-making process of the doctor and explain how a particular error or omission led to the parkville birth injury law firm injury suffered by your child. Your lawyer could then use this evidence to back up your claim for compensation. A successful medical malpractice lawsuit involves two separate legal claims one for the child injured and one for parents.

Expert Witnesses

Families can receive compensation for medical expenses, lost wages due to working hours therapy and rehabilitation and costs for long-term care with the right support. The most important factor to win an injury case at birth is having the best experts as your witnesses.

These individuals can review the evidence and offer a professional opinion as to whether a medical professional violated their obligation of care by taking an act which could have resulted in an infant's injuries. They can explain difficult medical terms to make them easier for judges or jury to comprehend.

The expert witness's role is to offer an objective medical opinion that is based on the current knowledge as of the date of the event. This means that they should not exclude any relevant information to create an opinion that is more favorable to either the plaintiff or the defendant.

Experts should also thoroughly review relevant medical records as well as current research to form an informed opinion. In some instances experts may be required to appear in deposition (sworn out-of court statement). These meetings can be stressful however they are an essential part of preparing for a trial. Your lawyer can prepare you for these sessions and make sure that you are treated fairly.