birth injury law firm Injury Litigation

Medical inattention during labor and delivery can cause serious birth injuries to infants. These injuries leave a lasting effect on the child and their family.

A successful lawsuit may aid in the payment of medical expenses now and in the future as well as lost wages and other damages. A successful lawsuit can take years to reach.

Compensation

Despite the latest medical advancements birth can be a risky. Parents and their babies expect doctors to be professional and avoid making mistakes that could have lifelong consequences. If your baby was injured due to negligence of a medical professional or hospital, you may want to contact a New York birth injury lawyer to determine the legal recourses you have.

A successful claim for birth-related injuries can result in financial compensation. This can include current and future medical expenses, lost earnings, emotional stress and a variety of other damages. In some instances juries or judge may also award punitive damages for unacceptable conduct.

Your attorney will collaborate closely with a network expert witnesses to determine what occurred and the standard of care that is accepted. They will go through all of your records and examine what the medical professionals did during your birth. This will assist them to create a strong case and maximize your chances of success.

Typically, your lawyer will try to reach a settlement with the malpractice carrier before filing an action. This will mean submitting a package of demands, Birth Injuries that includes a full statement outlining your family's losses as well as the medical evidence to back the claims. The malpractice insurance company will respond with an offer. If there is no settlement the case will go to trial.

Damages

The damages that the plaintiff could be awarded are either economic (such a medical bill) or non-economic (such s suffering and pain). In many cases the jury awards both. The amount of the damages an individual victim receives will be based on the extent to which the injury has affected their lives and also the evidence of the past and future losses. Certain states limit the amount of non-economic damages that juries may award.

To be able to seek compensation, you must show that the defendant did not fulfill their duty of care. This is done by combining medical documents, expert testimony, and depositions. Medical experts are people with specialized knowledge in a specific field of medicine. They scrutinize every piece of evidence and be able to testify in court, if needed. In cases involving birth injuries the expert will prove that the defendant's actions fall against the standard of care expected from a medical professional with similar training and experience in the case's circumstances.

Attorneys may also depose anyone with a relevant story or who has an unique perspective. These are sworn out-of-court statements that permit attorneys to directly question witnesses about what transpired. Depositions can be conducted over the phone or through a video conference, however most are held in the courtroom. These conversations are often difficult and stressful but are crucial to building a strong case for clients and obtaining the best possible amount of compensation.

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 a maximum of two and a quarter years to file a lawsuit following the date of a negligent act, omission or omission that they believe caused the injuries of their child.

Your attorney can review the medical records of your child to determine whether any obstetricians or nurses along with other hospital personnel were involved in the birth of your daughter or son. He or she will then request any documents and information related to the injury of your child.

Your lawyer must establish the malpractice by establishing that the defendant owed the child a duty and failed to provide the proper care in similar circumstances. To demonstrate this, your attorney will work with medical experts to evaluate the actions of a medical professional with accepted practices and procedures.

A lawyer can assist you identify witnesses who can testify in your case. These professionals can give valuable insight into the doctor's decision-making process and explain how a particular error or omission contributed to the birth injury to your child. Your lawyer could then use this evidence to back up your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child who was injured and one for their parents.

Expert Witnesses

With the right help families can receive the compensation they need to pay medical bills as well as lost earnings due to time away from work rehabilitation and therapy and the cost of long-term medical care. The key to winning a birth-injury claim is having the most skilled experts on your side.

These individuals are able to review evidence and provide a professional opinion on the extent to which a medical professional breached their duty of caring by doing something that could have caused the injury of an infant. They can explain difficult medical terms to make them easier for a judge or jury to comprehend.

An expert witness's role is to provide objective medical evidence that reflects the current state of knowledge at the time of the event that is in dispute. This means that they cannot remove relevant information to give a more favorable opinion for the plaintiff or defendant.

Experts should also study the relevant medical records as well as contemporaneous publications with enough depth to enable them to form a sound opinion. In some instances, experts may be called to give deposition (sworn out-of court statement). These meetings can be stressful but they are a necessary part of preparing for a trial. Your lawyer can prepare you for these sessions and make sure that you are treated with respect.