NEWS

birth injury law firm Injury Litigation

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

A successful lawsuit can help pay for medical costs now and in the future as well as lost wages and other damages. A successful lawsuit may take years to achieve.

Compensation

Despite amazing medical advances childbirth can be dangerous. Both mothers and babies expect that doctors act in a professional manner and avoid mistakes that could cause long-lasting damage. If your baby suffered an injury that was due to the negligence of a hospital or doctor, you may want to consult a New York birth injury lawsuit injury lawyer to see what legal recourses you have.

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

Your attorney will work closely with a network of expert witnesses to determine what occurred and the standard of care that is accepted. They will look over your medical records and examine the actions of the medical personnel that were present during your delivery. This will help them create a strong case and maximize your chances of success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice company prior to filing a lawsuit. This would involve submitting a demand package, that includes a report detailing your family's losses as well as the medical evidence that supports the claims. The malpractice insurer will then make an offer. If a settlement cannot be reached, the case will go to trial.

Damages

The damages that a plaintiff receives could be monetary (such as medical bills) or non-economic (such as suffering and pain). In many cases juries award both. The amount of damages that a victim will receive is based on how the accident has affected them and also their past and future losses. Some states restrict the amount of non-economic damages that a jury may determine.

In order to seek compensation the case must prove that the defendant breached their duty of care. This is accomplished through a combination of medical documents as well as expert witness testimony and depositions. Medical experts are people who have been trained in a specific area of medicine. They examine all evidence in the case and are able to testify at trial if needed. In birth injury cases, the expert will determine if the defendant's actions fell outside the standards of care expected of a medical professional of similar training and experience.

Attorneys may also depose anyone with a relevant story or has an exclusive perspective. These are sworn statements that are made outside of court and allow attorneys to ask witnesses directly what transpired. Some depositions can be conducted over the phone or by video conference however the majority of depositions are conducted in court. These depositions are often challenging and stressful, yet they are essential to building a strong case for clients and obtaining the best possible amount of compensation.

Statute of Limitations

In most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and one-half years from date of an act or omission that is believed to have caused their child's injury to make a claim.

Your attorney can review the medical records of your child to determine which obstetricians, nurses and other hospital personnel might have played a role in your daughter or son's birth injury lawsuit. He or she can then seek any relevant documents and data that can help determine the cause of your child's injuries.

Your lawyer must establish the malpractice by proving that the defendant was bound by an obligation to your child and violated it by failing to provide the standard of care in similar circumstances. To prove this, your attorney will collaborate with medical experts to compare the actions of the medical professional to accepted practices and procedures.

A lawyer can help you find witnesses who will testify in your case. These professionals can give valuable insights into the doctor's decision-making process and birth Injury lawsuit how a specific error or omission caused your child's birth injury. This information can be used by your lawyer to justify your compensation claim. A successful medical malpractice claim involves two separate legal claims one for the child who is injured and the other for their parents.

Expert Witnesses

With the right support, families can obtain the compensation they need to pay medical bills and lost income due to absence from work as well as rehabilitative therapies and treatments and the costs of long-term care. But the key to successfully winning a birth injury case is having the top expert witnesses to be on your side.

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

The role of an expert witness is to give unbiased medical testimony that reflects the state of knowledge at the time of the incident relevant to the case. This means they should not ignore relevant information in order to present a favorable impression for either the plaintiff or defendant.

Experts should also thoroughly review relevant medical records as well as current literature to to form an informed opinion. In some cases experts could be required to give an oath in the courtroom. These sessions can be intimidating however they are an essential element of preparing for a case. Your lawyer can help you prepare for these sessions and make sure that you are treated with respect.