Birth Injury Litigation

Medical negligence during delivery or labor can lead to severe birth injury law firm injuries for infants. These injuries can have a lasting impact on the child as well as their families.

A successful lawsuit could aid in the payment of medical expenses now and in the future along with lost wages and other damages. However the process of obtaining a lawsuit that is successful can take years to complete.

Compensation

Despite the incredible medical advances however, childbirth remains dangerous procedure. Mothers and babies expect doctors to behave with professionalism and avoid errors which could have long-lasting consequences. If your baby was injured that was caused by carelessness of a hospital or doctor you might want to consult a New York birth injury lawyer to determine what legal recourses you have.

A successful claim for birth injury lawyers injuries will result in financial compensation. This can include future and ongoing medical expenses and lost wages, emotional stress, and many other damages. In certain cases juries and judge may also award punitive damage for the most egregious of conduct.

Your attorney will collaborate closely with a network expert witnesses to determine what happened and the accepted standard of care. They will go through all of your records and analyze what the medical staff did during your birth. This information can help build a strong argument and maximize your chances for success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice insurance company prior to filing a lawsuit. This involves sending a demand packet, which will include a written statement of your family's losses, as well as medical evidence to support them. The malpractice insurance company will respond with an offer. If no settlement is reached the case will proceed to trial.

Damages

The damages the plaintiff could be awarded can be monetary (such medical bills) or not-economic (such the pain and suffering). In many cases juries give both. The amount of damages a victim will receive will depend on how the injury has affected them, as well as their previous and future losses. Some states restrict the amount of non-economic damages that a jury may decide to award.

To be able seek compensation, you must show that the defendant has violated their duty of care. This is accomplished by a combination of medical documents, expert witness testimony, and depositions. Medical experts are people who have specialized in a certain area of medicine. They examine all evidence in the case and are able to testify in court if required. In birth injury cases, the expert will help establish that the defendant acted against the standard of care for medical professionals who has the same education and experience in the particular case.

Attorneys can also depose anyone who has a relevant story or has an unique perspective. These are sworn, out-of-court statements that permit attorneys to ask witnesses directly about what happened. Some depositions are conducted via the phone or through a video conference, however most are conducted 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

In New York, as in most states, medical malpractice claims must be filed within a statute of limitations. Parents have a maximum of two and a quarter years to file a suit following the date of a mistake, omission or omission that they believe caused their child's injuries.

Your attorney may review the medical records of your child to determine whether any nurses or doctors along with other hospital staff, were involved in the birth of your child or daughter. They can seek any relevant documents and information that may aid in determining the cause of your child's injuries.

If you want to prove that there was a malpractice, your lawyer has to establish that the defendant was responsible for your child's obligation and violated that duty by failing to adhere to the standard of care under similar circumstances. To establish this, your lawyer will work with medical experts to evaluate the medical professional's actions with accepted practices and procedures.

A lawyer can also help you identify witnesses and find them to testify on your behalf. These professionals can give an insight into the process used by doctors to make decisions and explain how a particular error or omission could have led to your child's birth injury. 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 who was injured and one for parents.

Expert Witnesses

With the right help families can get compensation to cover medical expenses and lost income due to absence from work rehabilitation and therapy and the costs of long-term health care. But the most important thing to winning a birth injury case is having the most experienced expert witnesses on your side.

These individuals can review evidence and offer an expert opinion on the extent to which a medical professional breached their duty of care by performing an act that could have resulted in the injury of an infant. They can explain difficult medical terms to make them easier for a judge or jury to comprehend.

The role of an expert witness is to provide an objective medical opinion that reflects the current knowledge at the time of the event. This means that they should not omit any relevant facts to form a view that is more favorable to either the plaintiff or defendant.

Experts must also read relevant medical records and current literature to enable them make an informed decision. In some cases experts could be asked to give an oath in the courtroom. These sessions can be stressful but are an important part of making for a trial. Your lawyer can help you prepare for these sessions and make sure that you are treated fairly.