Birth Injury Litigation

Medical mistakes during labor and delivery can cause severe birth injuries to infants. These injuries have a lasting impact on the child and their family.

A successful lawsuit can pay for current and future medical costs, lost wages, and other damages. However it could take years to reach.

Compensation

Despite the amazing medical advancements, childbirth is still a risky procedure. Mothers and babies expect the doctors who attend to act with professionalism and avoid making mistakes which could have long-lasting consequences. If you suspect that a doctor or hospital has been negligent in causing the injuries to your baby and/or death, you should consult a New York birth injury attorney injuries lawyer to determine what legal options you have.

If you're successful in your claim, you will receive financial compensation. This can be used to pay for the current and future medical expenses loss of wages, emotional distress, and other areas that could cause damage. In certain instances juries or judge may also award punitive damages for egregious conduct.

Your attorney will work with a network of expert witnesses to discover what happened and establish 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 create a strong case and maximize your chances of success.

Before bringing a lawsuit your lawyer is likely to attempt to negotiate with the malpractice insurer. This would involve submitting a demand package, which will include a written statement of your family's losses along with medical evidence that supports them. The malpractice insurer will then make an offer. If a settlement cannot be reached, the case will go to trial.

Damages

The amount of damages a plaintiff is awarded can be either economic (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases the jury awards both. The amount of the damages a victim receives will be determined by the degree to which the accident has affected their lives as well as evidence of the past and future losses. Certain states also have restrictions on the amount the jury can award in non-economic damages.

In order to be eligible for compensation, you must prove that the defendant violated their duty of caring. This is done by mixing medical records, Birth Injury Litigation expert testimony and depositions. Medical experts are those who specialize in a specific area of medical practice. They review every piece of evidence and appear in court if they are required. In birth injury attorney injury cases the expert will establish that the defendant's actions fell outside the standard of care of an expert in the field with similar training and experience.

Attorneys can also question any person who has a story that is relevant, or who has a unique insight. They are sworn, outside-of-court statements that permit attorneys to inquire directly with witnesses about what transpired. Some depositions are conducted over the telephone or via videoconference however, the majority are held in court. These discussions can be stressful and stressful, but they are important in establishing a strong argument and securing the most favorable compensation for clients.

Statute of limitations

In New York, as in many states, medical negligence claims must be filed within a statute of limitations window. Parents have two and a half years from the date of the act or omission believed to have led to the injury of their child to make a claim.

Your attorney can review the medical records of your child to determine which obstetricians, nurses, and other hospital staff could have been involved in your son or daughter's birth. They will seek any documents or information relevant to the injury of your child.

Your lawyer must establish the malpractice by establishing that the defendant was bound by an obligation to your child and failed to provide the required care in similar circumstances. To prove this, your lawyer will work with medical professionals to analyze the actions of the medical professional to accepted practices and procedures.

A lawyer can also assist you to identify and locate witnesses who can testify about your case. They can provide valuable information about the decision-making process of a doctor and how a mistake or omission caused your child's birth injury settlement injuries. This evidence can be utilized by your lawyer to support your compensation claim. A successful medical malpractice case requires two separate legal claims one for the child injured and one for the parents.

Expert Witnesses

Families can receive compensation for medical expenses, lost wages resulting from absences from work Rehabilitation treatments and therapies as well as long-term care expenses with the right support. The most important factor to win an injury case at birth injury lawyers is having the best experts on your side.

These individuals are able to review evidence and give their professional opinion on whether a medical professional violated their duty of care by doing something that could have led to 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 is reflective of the current state of knowledge as of the date of the incident. This means that they should not omit any relevant information to create a view that is more favorable to either the plaintiff or defendant.

Experts should also thoroughly review relevant medical records and current literature to make an informed decision. In some instances experts could be asked to give deposition (sworn out-of-court statement). These meetings can be stressful however they are an essential element of preparing for a trial. Your attorney can help you prepare for these sessions and ensure that you are treated fairly.