birth injury law firm Injury Litigation

Medical mistakes during labor and delivery can result in serious birth injuries to infants. These injuries leave a lasting impact on the infant and their family.

A successful lawsuit can help pay for current and future medical expenses, lost wages and other damages. A successful lawsuit can take a long time to complete.

Compensation

Despite amazing medical advances birth can be a risky. Mothers and babies alike expect that doctors act with professionalism and avoid blunders that could have long-lasting consequences. If you believe that the hospital or doctor is liable for your baby's injury and/or death, you should consult a New York birth injuries lawyer to determine what legal options you have.

If you are successful in your claim, you will be awarded financial compensation. This can include future and current medical expenses as well as lost wages, emotional stress and a variety of other damages. In some cases juries or judges could also award punitive damages for unacceptable conduct.

Your attorney will work with a group of expert witnesses to analyze what happened and Vimeo establish the accepted standard of care. They will go through your records and examine the actions of the medical personnel present during your delivery. This information will help them build a strong case and increase your chances of success.

Before filing a lawsuit, your lawyer will typically try to talk to the malpractice insurance company. This would involve sending a demand packet, which includes a statement detailing your family's losses and the medical evidence to support the claim. The malpractice insurer will then make an offer. If no settlement is reached, the case will go to trial.

Damages

The amount of damages a plaintiff is awarded can be either economic (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases, juries award both. The amount of the damages that a victim is awarded will be determined by the extent to which the incident has affected their lives, and also the evidence of the past and future losses. Certain states restrict the amount of non-economic damages juries can decide to award.

In order to be eligible for compensation, you must show that the defendant violated their duty of caring. This is accomplished by mixing medical records, expert testimony, and depositions. Medical experts are those who are experts in a particular area of medicine. They examine every piece of evidence and Vimeo appear in court if they are required. In cases involving birth injuries, the expert will determine if the defendant's actions fell outside the scope of care for a medical professional of similar training and experience.

Attorneys can also depose any person who has a story that is relevant or with an exclusive perspective. These are sworn statements delivered outside of court that permit attorneys to ask witnesses directly what transpired. Some depositions can be conducted over the telephone or via videoconference however the majority of depositions are held in court. These discussions can be difficult and stressful, but are essential in establishing a strong argument for clients and obtaining the highest possible compensation.

Statute of limitations

As in most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and one-half years from date of an incident or omission believed to have caused their child's injury to pursue a lawsuit.

Your attorney can look over 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 daughter or son. He or she may then request any relevant documents and other information that could aid in determining the cause of your child's injuries.

Your lawyer has to prove the case of malpractice by establishing that the defendant was bound by obligations to your child and violated it by failing to provide the required care under similar circumstances. To prove this, you lawyer will work with medical professionals to evaluate the actions of the medical professional with accepted procedures and practices.

An attorney can help you identify witnesses who can be able to testify in your case. These experts can provide an important insight into the process used by doctors to make decisions and how a specific error Vimeo or omission contributed to your child's birth injury. Your lawyer can 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

With the right help families can secure compensation to cover medical expenses and lost income due to time away from work, rehabilitative treatments and therapies as well as the cost of long-term medical care. The most important factor to win an injury case at birth is having the most skilled experts as your witnesses.

These individuals can review the evidence and provide a professional opinions on whether a medical professional has violated their duty of care in carrying out an action that could have led to the injuries of an infant. They can simplify medical terms for juries or judge to comprehend.

The role of an expert witness is to give an impartial medical opinion that reflects the current knowledge as of the date of the incident. This means that they should not exclude any relevant information to create an opinion that is more favorably disposed to either the plaintiff or the defendant.

Experts should also thoroughly review relevant medical records and current literature to in making an informed judgement. In some cases experts may be required to appear in deposition (sworn out-of-court statement). These sessions can be daunting however they are an essential aspect of the preparation of an argument. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.