Birth Injury Litigation

Medical negligence during labor and birth can result in serious birth injury law injuries for infants. These injuries have a lasting effect on the child and their family.

A successful lawsuit can assist in paying for medical expenses now and Birth Injury Litigation in the future along with lost wages and other damages. However the process of obtaining a lawsuit that is successful can take a long time to get.

Compensation

Despite the latest medical advancements birth can be a risky. Both babies and mothers expect that doctors will act professionally and avoid errors that could result in long-lasting harm. If your baby was injured caused by the negligence of a medical professional or hospital, you may want to consult a New York birth injury lawyer to see what legal recourses you have.

A successful claim for birth injuries will result in financial compensation. This can be used to pay for the medical costs of the present and future loss of wages, emotional distress, and other areas of damage. In some instances, juries and judges may also award punitive damages for unacceptable behavior.

Your attorney will collaborate with a network of expert witnesses to understand what happened and define the standard of care that is accepted. They will review your entire medical record and examine what the medical staff did during your birth. This will help them build a strong case to increase your chances of success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice company prior to filing an action. This involves making a demand package which will include a written statement of your family's losses and the medical evidence to support the claims. The malpractice insurer will then make an offer. If there is no settlement, the case will go to trial.

Damages

The damages a plaintiff receives can be either economic (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases the jury awards both. The amount of the damages that a victim is awarded will be based on the degree to which the accident has affected their life, as well as evidence of their past and future losses. Some states limit the amount of non-economic damages juries may decide to award.

To be able to claim compensation, you must show that the defendant violated their duty of care. This is accomplished by mixing medical documents, expert testimony, and depositions. Medical experts are people who have specialized in a certain area of medicine. They evaluate every piece of evidence and be called in to testify in court if required. In cases involving birth injuries, the expert will help establish that the defendant acted in a way that is not consistent with the standard of care expected from an expert in medicine with the same experience and training in the specific circumstances of the case.

Attorneys will also depose anyone with a pertinent story, or who has a unique insight. These are sworn declarations that are made outside of court and permit attorneys to inquire about witnesses directly what happened. Depositions can be conducted over the phone or through a video conference, however most are held in a courtroom. These depositions are often challenging and stressful but are crucial to constructing a convincing case for clients and to securing the highest possible compensation.

Statute of limitations

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

Your attorney can look over your child's medical records to determine which obstetricians nurses, and other hospital staff might have played a role in your son's or daughter's birth injury lawyer. He or she can then seek any relevant documents and other information that could help determine the reason for the injuries to your child.

Your lawyer has to prove the case of malpractice by establishing that the defendant was bound by a duty to your child and breached it by failing to provide the standard of care under similar circumstances. To prove this, your lawyer will work with medical professionals in comparing the actions of the medical professional with accepted procedures and practices.

An attorney can help you identify witnesses who can be able to testify in your case. These experts can provide valuable information about the process of making decisions by a doctor and what caused the birth injuries of your child. This information can be utilized by your lawyer to justify your claim for compensation. A successful medical malpractice case involves two distinct legal claims one for the injured child and one for the parents.

Expert Witnesses

With the right assistance families can get the compensation they need to pay medical bills as well as lost earnings due to time away from work as well as rehabilitative therapies and treatments as well as the costs of long-term health care. But the most important thing to winning a birth injury lawsuit is having the top experts to be on your side.

They will review the evidence and offer a professional opinion about whether a medical professional acted in breach of their duty of care by performing an act which could have resulted in an infant's injury. They can simplify medical terms for juries or judge to comprehend.

The expert witness's job is to give an impartial medical opinion that is based on the current state of knowledge as of the date of the event. This means they must not eliminate relevant information to provide a more favorable opinion for the plaintiff or the defendant.

Experts must also read relevant medical records and recent literature to be able to make an informed judgment. In some instances experts may be required to provide an oath in the courtroom. These sessions can be daunting but are an important part of making an argument. Your lawyer can prepare you for these sessions and ensure that you are treated with respect.