Birth Injury Litigation

Medical negligence during delivery or labor can lead to serious birth injuries for infants. These injuries can have a lasting impact on the infant as well as their families.

A successful lawsuit can be used to pay for future and ongoing medical expenses, lost wages, and other losses. However the process of obtaining a lawsuit that is successful can take years to complete.

Compensation

Despite amazing medical advances the risk of childbirth is still high. Parents and their babies expect the doctors who attend to behave with professionalism and avoid errors which could have long-lasting consequences. If your baby was injured that was due to the negligent actions of a doctor or hospital, you may want to speak with a New York birth injury lawyer to find out what legal recourse you have.

A successful claim for birth injury lawyers-related injuries can result in financial compensation. This can be used to pay for future and current medical expenses as well as lost wages, emotional distress, and other areas of damage. In some instances juries and judge may also award punitive damages for egregious behavior.

Your attorney will work closely with a network of expert witnesses to determine what transpired and the accepted standard of care. They will review your medical records and evaluate the actions of the medical professionals that were present during your delivery. This information will help you build solid arguments and increase your chances for success.

Before filing a lawsuit, your lawyer will typically attempt to bargain with the malpractice insurance company. This would involve sending a demand packet, which will include a written statement of your family's losses and the medical evidence to support the claim. The malpractice insurance company will make an offer. If no settlement is reached, the lawsuit will proceed to trial.

Damages

The damages a plaintiff receives may be either financial (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases the jury awards both. The amount of damages the victim is awarded will be based on the extent to which the injury has affected their lives as well as evidence of their past and future losses. Some states restrict the amount of non-economic damages juries can decide to award.

In order to pursue compensation the plaintiff must prove that the defendant violated their duty of care. This is done by mixing medical documents, expert testimony, and depositions. Medical experts are those who are knowledgeable in a specific area of medical practice. They evaluate all evidence and are able to testify in court if needed. In cases involving birth injuries, experts will be able to prove that the defendant's actions are beyond the standards of care for an expert in medicine with the same experience and training in the specific circumstances of the case.

Attorneys can also question anyone with a pertinent story or Birth Injury Lawyer with an exclusive perspective. These are sworn out-of-court statements that allow attorneys to question witnesses directly about what happened. Some depositions are conducted via phone or by video conference, but the majority are held in court. These discussions can be difficult and stressful, but are essential to building a strong case for clients and obtaining the highest possible amount of compensation.

Statute of limitations

Like many states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have two and two and a half years from date of the act or omission that is believed to cause injury to their child to bring a lawsuit.

Your attorney can look over your child's medical records to determine which doctors, nurses and other hospital personnel might have been involved in your daughter or son's birth injury law firm. He or she will then seek any documents or information related to the injury of your child.

In order to prove the malpractice, your lawyer has to establish that the defendant was bound by a obligation, and then breached it by failing to adhere to the standard of care under similar circumstances. To prove this, you attorney will collaborate with medical professionals to compare the actions of the medical professional to accepted procedures and practices.

A lawyer can also help you identify witnesses and find them to testify on your behalf. These experts can provide valuable information about the decision-making process of a doctor and how an error or omission resulted in your child's birth injuries. Your lawyer can then use this evidence to prove your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child who was injured and one for their parents.

Expert Witnesses

Families can seek compensation for medical expenses, lost wages due to the absence of work therapy and rehabilitation and costs for long-term care with the right help. The key to winning a birth-injury claim is having the most qualified experts on your side.

They are able to look over the evidence and provide an expert opinion on the extent to which a medical professional breached their duty of care by doing something which could have caused injuries to an infant. They can also explain complicated medical terms to make them easier for a judge or jury to comprehend.

The job of an expert witness is to provide objective medical testimony that is based on the current state of knowledge at the time of the event that is in dispute. This means they must not eliminate relevant information to create a more favorable impression for either the plaintiff or defendant.

Experts should also carefully review relevant medical records and recent literature to enable them be able to make an informed judgment. In some cases experts could be asked to give a deposition (sworn out-of-court declaration). These sessions can be stressful however they are an essential aspect of preparing for a trial. Your attorney can assist you prepare for these sessions and ensure that you are treated fairly.