Birth Injury Litigation

Medical negligence during delivery and labor can cause serious birth injuries for 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 ongoing medical costs as well as loss of wages, and other damages. A successful lawsuit can require years to obtain.

Compensation

Despite the latest medical advancements the risk of childbirth is still high. Babies and mothers expect doctors to be professional and avoid mistakes which could have long-lasting consequences. If you suspect that an institution or doctor is liable for the injuries to your baby and/or death, you should consult a New York birth injuries lawyer to determine the legal options you have.

If you win your claim, you will be awarded financial compensation. This can include future and present medical expenses and lost wages, emotional stress and a variety of other damages. In certain cases, juries or judges may also award punitive damages for sandy springs birth injury Law Firm unacceptable conduct.

Your attorney will collaborate closely with a network of expert witnesses to determine what happened and the standard of care that is accepted. They will review your records and evaluate the actions of the medical staff who were present during your delivery. This information will help build an argument that is strong and increase your chances of success.

Before bringing a lawsuit your lawyer will typically attempt to talk to the malpractice insurance company. This involves making a demand package which includes a detailed account of your family's losses and the medical evidence that supports the claim. The malpractice carrier will then respond with an offer. If a settlement isn't reached, the case will proceed to trial.

Damages

The damages a plaintiff gets could be monetary (such as medical bills) or non-economic (such as pain and suffering). In many cases juries decide to award both. The amount of damages an individual victim receives will be determined by the extent to which the injury has impacted their life, and also the evidence of the past and future losses. Certain states restrict the amount of non-economic damages that juries can determine.

To be able to claim compensation, you must show that the defendant breached their duty of care. This is done through a combination of medical records, expert witness testimony, and West Covina Birth Injury Law Firm depositions. Medical experts are individuals who are experts in a particular field of medicine. They scrutinize all evidence and may appear in court if they are required. In cases of colorado Birth Injury lawyer injuries, the expert will establish that the defendant's actions did not meet the standards of care expected of an medical professional with similar experience and training.

In addition to medical experts, attorneys will be able to depose anyone who may have an important story or insight. These are legally sworn statements that are made outside of court and permit attorneys to inquire about witnesses directly what transpired. Some depositions are conducted on the phone or through a video conference, but the majority are held in a courtroom. These depositions can be difficult and stressful but they are vital in building a strong case and securing the highest possible compensation for clients.

Statute of limitations

As in most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and two and a half years from date of the act or omission to have led to the injury of their child to file a lawsuit.

Your attorney can review the medical records of your child to determine which doctors, nurses and other hospital staff could have been involved in your son or daughter's birth. The attorney can seek any relevant documents and information that could help identify the cause of your child's injuries.

If you want to prove that there was a misconduct, your lawyer needs to prove that the defendant was owed by your child a obligation, and then breached it by failing to meet the standards of care required in similar circumstances. To establish this, your lawyer will collaborate with medical experts to evaluate the actions of a medical professional with accepted practices and procedures.

A lawyer can also help you identify witnesses to testify in your case. These experts can provide an insight into the process used by doctors to make decisions and explain how a particular error or omission led to the birth injury of your child. Your lawyer can then utilize this evidence to prove your claim for compensation. A successful medical malpractice case involves two separate legal claims, one for the child that was injured and one for their parents.

Expert Witnesses

With the right help, families can obtain compensation for medical expenses, lost income from absence from work rehabilitation and therapy as well as the costs of long-term health care. The key to winning a birth-injury case is having the most skilled expert witnesses on your side.

These individuals can review evidence and provide a professional opinion on whether a medical professional violated their duty of care performing an act which could have caused an infant's injury. They can also explain complex medical terms to make it easier for judges or jury to comprehend.

The expert witness's job is to give an impartial medical opinion that is based on the current state of knowledge at the time of the event. This means they shouldn't exclude relevant information in order to create a more favorable opinion for the plaintiff or the defendant.

Experts must also read relevant medical records and current literature to enable them to form an informed opinion. In some instances, an expert may be asked to give an unassailable statement in the courtroom. These sessions can be stressful however they are an essential aspect of the preparation of an argument. Your attorney can help you prepare for these sessions and make sure that you are treated with respect.