birth injury law firm Injury Litigation

Medical mistakes during labor and delivery can cause serious birth injuries for infants. These injuries can have a long-lasting impact on the infant and their family.

A successful lawsuit could help pay for current and future medical expenses, lost wages and other damages. A successful lawsuit could take a long time to complete.

Compensation

Despite remarkable medical advances, childbirth can be risky. Baby and mother expect doctors on hand to behave with professionalism and avoid mistakes which could have long-lasting consequences. If your baby suffered an injury that was caused by negligence of a medical professional or hospital you might want to speak with an New York birth injury attorneys injury lawyer to determine the legal options you have.

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

Your attorney will work closely with a network of expert witnesses to determine what took place and the standard of care you should expect. They will review your entire medical record and evaluate the actions of your medical team during your delivery. This information will help them make a convincing case and increase your chances of success.

Before filing a lawsuit, your lawyer will generally attempt to bargain with the malpractice insurance company. This will involve submitting a demand package, which includes a detailed account of your family's losses, as well as medical evidence that supports the claims. The malpractice company will respond with an offer. If a settlement is not reached, the case will proceed to trial.

Damages

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

To be able to seek compensation, you must prove that the defendant has violated their duty of caring. This is accomplished by the use of medical records as well as expert witness testimony and depositions. Medical experts are those with specialized knowledge in a particular field of medicine. They evaluate all evidence and can be able to testify in court, if needed. In birth injury cases, the expert will determine if the defendant's actions are not in the standard of care of medical professionals with similar training and experience.

Attorneys will also depose anyone with a relevant story or who has an exclusive perspective. These are sworn, out-of-court statements that allow attorneys to question witnesses directly about what transpired. Some depositions can be conducted over the phone or by video conference however, the majority are conducted in the courtroom. These meetings are often stressful and stressful but are crucial to establishing a strong case for clients and obtaining the maximum possible compensation.

Statute of Limitations

In New York, as in the majority of states, medical malpractice claims must be filed within a time frame of a statute of limitations. Parents have two and a quarter years to file a suit after the date of a negligent act, omission or inaction that they believe caused the injuries of their child.

Your attorney may review the medical records of your child to determine whether any nurses or doctors as well as other hospital personnel, were involved in the birth of your daughter or son. He or she can then request any relevant documents and other information that could help identify the cause of your child's injuries.

In order to prove malpractice, your lawyer must prove that the defendant was bound by a obligation and violated that duty by failing to meet the standards of care in similar circumstances. To prove this, your lawyer will collaborate with medical experts in comparing the actions of the medical professional to accepted practices and procedures.

A lawyer can also help you identify witnesses who can testify about your case. These experts can provide valuable insight into the process used by doctors to make decisions and the way in which an error or omission caused the birth injury of your child. Your lawyer can then use this evidence to back up your claim for compensation. A successful medical malpractice lawsuit involves two distinct legal claims one for the child injured and one for the parents.

Expert Witnesses

With the right help, families can obtain compensation for medical expenses as well as lost earnings due to working hours taken off rehabilitation and therapy in addition to the cost of long-term medical care. The key to winning a birth injury lawsuit is having the most experienced expert witnesses possible for your case.

They are able to look over evidence and offer an expert opinion on the extent to which a medical professional breached their duty to care by performing an act that could have led to injuries to an infant. They can explain complicated medical terms to make them easier for a judge or jury to understand.

The objective of an expert witness is to offer an objective medical opinion that is based on the current state of the art at the time of the incident. This means they must not exclude any relevant information in order to form an opinion that is more favorably disposed to either the plaintiff or defendant.

Experts should also examine the relevant medical records as well as contemporaneous research with sufficient detail so that they can form an informed opinion. In some cases experts could be required to give a sworn statement outside of the courtroom. These sessions can be daunting however they are an essential aspect of making a case. Your lawyer can help you prepare for these sessions and make sure that you are treated fairly.