Birth Injury Litigation

Medical negligence during the delivery process and labor could result in serious birth injuries for infants. These injuries can have a lasting impact on the infant and their family.

A successful lawsuit could help pay for future and ongoing medical costs as well as loss of wages, and other damages. A successful lawsuit can take years to reach.

Compensation

Despite the incredible medical advances yet, childbirth is an extremely risky process. Baby and mother expect doctors to behave professionally and avoid errors that could have lifelong consequences. If your baby suffered an injury that was due to the negligence of a doctor or hospital you might want to contact an New York birth injury lawyer to see what legal options you have.

If you're successful with your claim, you'll be awarded financial compensation. This can cover future and current medical expenses as well as lost wages, emotional distress and other areas of damage. In certain cases juries and judges can also award punitive damages in the event of egregious behavior.

Your attorney will collaborate with a network of expert witnesses to analyze what happened and define the standard of care that is accepted. They will go through your records and examine the actions of the medical staff present during your delivery. This information will help them build a strong case and increase your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice carrier before filing an action. This would involve making a demand package which will include a written statement of your family's losses, as well as medical evidence that supports the claim. The malpractice insurer will respond with an offer. If no settlement is 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 many cases, juries award both. The amount of damages a victim receives will be based on the extent to which the injury has affected their lives, as well as evidence of their past and future losses. Certain states restrict the amount of non-economic damages juries may decide to award.

In order to pursue compensation the case must prove that the defendant violated their duty of care. This is done by using medical records, expert testimony and birth injury depositions. Medical experts are people who specialize in a specific area of medicine. They scrutinize all evidence in the case and testify at trial if necessary. In birth injury cases, the expert will help establish that the defendant's actions are in a way that is not consistent with the standard of care expected from an expert in medicine who has the same education and experience in the particular case.

Attorneys may also depose any person who has a story that is relevant or has an unique perspective. These are sworn declarations that are made outside of court and permit attorneys to inquire about witnesses directly what happened. Some depositions are conducted on the phone or via video conferences, but the majority are conducted in a courtroom. These depositions can be difficult and stressful however they are crucial in establishing a strong argument and obtaining the best compensation for clients.

Statute of limitations

In New York, as in many states, medical negligence claims must be filed within the statute of limitations window. Parents have a maximum of two and a half years to file a suit within the time frame of a mistake, omission or inaction that they believe caused their child's injuries.

Your attorney will be able to review the medical records of your child to determine if any obstetricians or nurses along with other hospital staff were involved in the wheaton birth injury lawyer of your daughter or son. He or she can then seek any relevant documents and information that could help determine the cause of the injuries to your child.

When proving malpractice, your lawyer must prove that the defendant was responsible for your child's obligation, and then breached it in failing to comply with the standard of care in similar circumstances. To prove this, you attorney will collaborate with medical professionals in comparing the actions of the medical professional to accepted procedures and practices.

A lawyer can help locate witnesses to be able to testify in your case. These professionals can give valuable insights into the process used by doctors to make decisions and how a particular mistake or omission caused your child's birth Injury (Https://vimeo.com). Your lawyer can then utilize this evidence to prove your claim for compensation. A successful medical malpractice lawsuit involves two separate legal claims: one for the child who has been injured and another for the parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages resulting from time off work therapy and rehabilitation as well as costs for long-term health care with the right support. But the most important thing to winning a birth injury case is having the top experts on your side.

These individuals can review evidence and offer an expert opinion on whether a medical professional has violated their duty to care by doing something 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 role of an expert witness is to provide impartial medical evidence that reflects the state of knowledge at the time of the incident relevant to the case. This means they must not exclude relevant information in order to provide a more favorable view for either the plaintiff or defendant.

Experts should also study relevant medical records as well as current research in making an informed judgement. In some instances experts could be asked to make deposition (sworn out-of-court statements). These meetings can be stressful but they are a necessary part of preparing for a trial. Your lawyer can help you prepare for these sessions and ensure that you are treated fairly.