Birth Injury Litigation

Medical negligence during labor and delivery can cause severe birth injuries to infants. These injuries can have a long-lasting impact on the child as well as their family.

A successful lawsuit may 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 reach.

Compensation

Despite the incredible medical advances yet, childbirth is a risky procedure. Both mothers and babies expect that doctors act with professionalism and avoid mistakes that could have long-lasting consequences. If you believe that an institution or doctor is liable for the injuries to your baby and/or death, you should consult a New York birth injuries lawyer to determine the legal options you have.

If you win your claim, you'll receive financial compensation. This can be used to pay for current and future medical expenses and lost earnings, emotional distress, and other areas of potential damage. In certain cases, juries and judges may also award punitive damages for an act of adversity.

Your attorney will work in conjunction with a network of experts witnesses to discover what happened and establish the accepted standard of care. They will review your entire medical record and examine the actions of your medical team during your delivery. This information will help you build strong arguments and increase your chances of success.

Before bringing a suit, your lawyer will generally try to negotiate with the malpractice insurer. This will mean submitting a package of demands, which will include a thorough declaration of the losses suffered by your family and birth injury lawsuit the medical evidence to back them. The malpractice insurance company will respond with an offer. If no settlement is reached the case will go to trial.

Damages

The damages a plaintiff receives may be either financial (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases the jury awards both. The amount of money the victim will receive is determined by how the injury has affected them, in addition to their past and future losses. Some states also set limits on how much an individual jury can award in non-economic damages.

To be able to seek compensation, you must prove that the defendant has violated their duty of care. This is done by the use of medical records as well as expert witness testimony and depositions. Medical experts are people who are knowledgeable in a specific field of medicine. They review all evidence in the case and testify in court if required. In nelsonville birth injury law firm injury cases the expert will be able to prove that the defendant's actions are not in the scope of care for an medical professional with similar training and experience.

Attorneys will also depose anyone with a relevant story, or who has an exclusive perspective. These are sworn declarations delivered outside of court that permit attorneys to ask witnesses directly what happened. Some depositions can be conducted via phone or by video conference but the majority are held in court. These meetings can be challenging and stressful, but they are important in building a strong case and securing the highest possible compensation for clients.

Statute of Limitations

In New York, as in the majority of states, medical malpractice claims must be filed within a statute of limitations. Parents have up to two and a half years to file a lawsuit following the date of a wrongdoing, omission, or omission they believe caused their child's injuries.

Attorneys can look through your child's medical records to determine which obstetricians nurses and other hospital staff could have been involved in your son's or daughter's birth. He or she will request any documents or information related to the injury of your child.

When proving negligence, your lawyer must establish that the defendant was owed by your child a duty and breached this duty by failing to uphold the standard of care in similar circumstances. To prove this, your lawyer will work with medical experts to evaluate the actions of a medical professional with accepted practices and procedures.

A lawyer can also help you identify witnesses and find them who can testify about your case. They can provide valuable information about the decision-making process of a doctor and what caused your child's birth injuries. This evidence can be used by your lawyer to prove your compensation claim. A successful medical malpractice case involves two separate legal claims one for the child injured and another for their parents.

Expert Witnesses

With the right assistance families can receive compensation to cover medical expenses and lost income due to time off from work as well as rehabilitative therapies and treatments as well as the costs of long-term health care. However, the key to winning a birth injury lawsuit is having the most experienced expert witnesses for your case.

These individuals are able to review evidence and provide a professional opinion on whether a medical professional acted in violation of their duty of care by performing an act which could have caused injuries to an infant. They can simplify medical terms for a jury or judge to understand.

The expert witness's job is to give an impartial medical opinion that is based on the current state of knowledge at the time of the incident. This means they shouldn't exclude relevant information in order to present a favorable opinion for the plaintiff or defendant.

Experts must also look over the relevant medical records and contemporaneous literature with sufficient thoroughness to allow them to form an informed opinion. In some instances experts may be required to give a deposition (sworn out-of court statement). These sessions can be intimidating but are an important part of the preparation of an argument. Your attorney can prepare you for these sessions and ensure that you are treated fairly.