bartlett birth injury law firm Injury Litigation

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

A successful lawsuit can help pay for future and ongoing medical costs as well as lost wages and other damages. A successful lawsuit can take years to achieve.

Compensation

Despite incredible medical advances childbirth can be dangerous. Mothers and babies expect doctors to behave professionally and avoid making mistakes that could result in permanent consequences. If you suspect that the hospital or doctor was negligent in causing your baby's injury and/or death, you should consult a New York escondido birth injury lawyer injuries lawyer to determine the legal options you have.

If you win your claim, you will be awarded financial compensation. This can be used to pay for current and future medical expenses and lost wages, emotional stress, and other potential areas of damage. In some instances juries or judge may also award punitive damages for the most egregious of conduct.

Your attorney will work closely with a network of expert witnesses to determine what took place and the accepted standard of care. They will look over your medical records and evaluate the actions of the medical team present during your delivery. This will help them build a strong case to maximize your chances of success.

Typically, your lawyer will try to negotiate a settlement with the malpractice insurer prior to filing a lawsuit. This involves making a demand package which includes a statement detailing your family's losses as well as the medical evidence that supports them. The malpractice insurance company will make an offer. If no settlement is reached, the lawsuit will go to trial.

Damages

The damages that a plaintiff receives may be economic (such as medical bills) or non-economic (such as suffering and pain). In a lot of cases, juries award both. The amount of damages that the victim is awarded is determined by how the accident has affected them, in addition to their past and future losses. Certain states restrict the amount of non-economic damages a jury may award.

To be able to claim compensation, you must prove that the defendant breached their duty of caring. This is done by the use of medical records, expert testimony and depositions. Medical experts are individuals with specialized knowledge in a particular area of medicine. They examine all evidence in the case and testify in court if required. In birth injury cases, the expert will be able to prove that the defendant's actions are not in the standard of care of an medical professional with similar experience and training.

Attorneys can also question anyone with a relevant story or who has an unusual perspective. These are sworn declarations made outside of court that permit lawyers to inquire of witnesses directly what transpired. Some depositions can be conducted over the phone or via video conference but the majority are held in court. These depositions are often challenging and stressful but are crucial to establishing a strong case for clients and obtaining the highest possible 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 an incident or omission believed to have led to the injury of their child to pursue 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 personnel, were involved in the birth of your daughter or son. The attorney will request any documents and details that relate to the injuries of your child.

In order to prove malpractice, your lawyer must prove that the defendant was responsible for your child's obligation and then violated this obligation in failing to comply with the standards of care in similar circumstances. To prove this, your attorney will collaborate with medical experts to analyze the medical professional's actions to accepted practices and procedures.

A lawyer can assist you find witnesses who will be available to testify in your case. These experts can provide valuable information about the process used by doctors to make decisions and the way in which an error or omission resulted in your child's Linden birth injury law firm injuries. Your lawyer could then use this evidence to back up your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child that was injured and one for their parents.

Expert Witnesses

With the right support families can get compensation that covers medical bills, lost income from time away from work, rehabilitative treatments and therapies in addition to the costs of long-term care. But the most important thing to winning a birth injury case is having the top expert witnesses possible for your case.

They will review the evidence and offer a professional opinion about whether a medical professional acted in breach of their obligation of care by taking an action that could have caused an infant's injuries. They can explain complicated medical terms to make them easier for a judge or jury to understand.

The objective of an expert witness is to offer an objective medical opinion that reflects the current state of knowledge as of the date of the incident. This means they must not ignore relevant information in order to present a favorable impression for either the plaintiff or the defendant.

Experts must also look over the relevant medical records as well as contemporaneous literature with sufficient thoroughness so that they can form an informed opinion. In certain instances experts may be required to provide a sworn statement outside of the courtroom. These sessions can be intimidating, but they are an essential element of preparing for a case. Your lawyer can help you prepare for these sessions and make sure that you are treated fairly.