Birth Injury Litigation

Medical mistakes during labor and delivery can cause serious birth injuries for infants. These injuries have a lasting impact on the child and their family.

A successful lawsuit can assist in paying for medical expenses now and in the future as well as lost wages and other damages. A successful lawsuit could require years to obtain.

Compensation

Despite the latest medical advancements, childbirth can be risky. Babies and mothers expect doctors in attendance to behave professionally and avoid making mistakes that could have lasting consequences. If you believe a doctor or birth injury lawsuit hospital was negligent in causing your baby's injury, you should contact a New York birth injuries lawyer to determine what legal options you have.

A successful claim for birth-related injuries can result in financial compensation. This can include future and present medical expenses as well as lost wages, emotional stress and other potential damages. In some cases, juries and judges may also award punitive damages for the most egregious of conduct.

Your attorney will work closely with a network expert witnesses to determine what transpired and the accepted standard of care. They will go through your records and evaluate the actions of the medical staff 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 generally try to bargain with the malpractice insurer. This is done by submitting a demand package, which includes a statement detailing your family's losses, as well as medical evidence to support the claim. The malpractice insurer will then make an offer. If a settlement is not reached, the case will go to trial.

Damages

The damages that a plaintiff receives may be economic (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases, juries award both. The amount of the damages the victim is awarded will be based on the degree to which the accident has affected their life, as well as evidence of their past and future losses. Certain states limit the amount of non-economic damages juries can award.

To be able to seek compensation the plaintiff must prove that the defendant violated their duty of care. This is accomplished by the use of medical documents, expert testimony, and depositions. Medical experts are people who specialize in a specific area of medicine. They examine all evidence in the case and are able to testify in court if required. In cases of birth injury attorney injuries, the expert will help establish the defendant's actions fell outside the scope of care for an expert in the field with similar experience and training.

In addition to medical experts, attorneys also take the depositions of anyone who may have an important story or insight. These are sworn out-of-court statements that allow attorneys to ask witnesses directly about what happened. Depositions can be conducted via phone or by video conference however, the majority are conducted in court. These meetings can be challenging and stressful, but they are important to build a strong case 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 a half years from the date of the act or omission that is believed to cause the injury of their child to pursue a lawsuit.

Your attorney can look over your child's medical records to determine which obstetricians nurses, and other hospital staff might have played a role in your son's or daughter's birth injury lawyer. He or she can then request any relevant documents and birth injury lawsuit other information that could help determine the cause of the injuries to your child.

Your lawyer must establish the malpractice by proving that the defendant owed the child a duty and violated it by failing to provide the appropriate care under similar circumstances. To demonstrate this, your attorney will collaborate with medical experts to evaluate the medical professional's actions to accepted practices and procedures.

A lawyer can also help you identify and locate witnesses to testify about your case. These experts can provide valuable insights into the decision-making process of the doctor and how a particular mistake or omission contributed to the trenton birth Injury lawsuit injury of your child. This evidence can be used by your lawyer to prove your compensation claim. A successful medical malpractice claim involves two separate legal claims one for the child injured and the other for their parents.

Expert Witnesses

Families can receive compensation for medical expenses, lost wages resulting from working hours Rehabilitation treatments and therapies as well as long-term care expenses with the right support. However, the key to winning a birth injury lawsuit is having the most experienced expert witnesses possible to be on your side.

These individuals are able to review evidence and provide a professional opinion on the extent to which a medical professional breached their duty of care by performing an act that could have resulted in an infant's injury. They can also explain complex medical terms to make them easier for a judge or jury to understand.

The expert witness's job is to provide an unbiased medical opinion that is reflective of the current state of knowledge as of the date of the event. This means that they should not omit any relevant information to create an opinion that is more favorable to either the plaintiff or defendant.

Experts must also read relevant medical records and current literature to enable them be able to make an informed judgment. In certain cases, experts may be called to provide a deposition (sworn out-of-court statements). These sessions can be a bit intimidating but they are a crucial part of making the case. Your lawyer can prepare you for these sessions and make sure that you are treated fairly.