Birth Injury Litigation
Medical negligence during the delivery process and labor can result in severe birth injuries for infants. These injuries have a lasting effect on the child and their family.
A successful lawsuit can be used to pay for current and future medical expenses as well as lost wages, and other losses. A successful lawsuit could take a long time to complete.
Compensation
Despite incredible medical advances birth can be a risky. Mothers and babies alike expect that doctors behave professionally and avoid mistakes that could cause long-lasting damage. If you believe the doctor or hospital has been negligent in causing the injury of your baby, you should contact a New York
birth injuries lawyer to determine what legal options you have.
A successful claim for birth injuries can result in financial compensation. This can cover future and current medical expenses and lost wages, emotional stress, and other areas of potential damage. In some cases juries and judges could also award punitive damages in the event of an act of adversity.
Your attorney will work closely with network experts witnesses to determine what took place and the standard of care you should expect. They will review your medical records and evaluate the actions of the medical team present during your delivery. This will help them make a convincing case and increase your chances of success.
Before filing a lawsuit, your lawyer will usually try to bargain with the malpractice insurance company. This requires submitting an itemized list of demands that includes a comprehensive statement outlining your family's losses and the medical evidence that supports the claims. The malpractice insurer will respond with an offer. If a settlement isn't reached,
birth injuries the lawsuit will go to trial.
Damages
The damages that a plaintiff receives may be economic (such as medical bills) or non-economic (such as suffering and pain). In a lot of cases, juries award both. The amount of damages a victim will receive will depend on how the injury has affected them, in addition to their past and future losses. Certain states also impose limits on how much the jury can award in non-economic damages.
To be able to claim compensation, you must prove that the defendant violated their duty of caring. This is done through the use of medical records and expert witness testimony and depositions. Medical experts are people who have been trained in a certain area of medicine. They review all evidence in the case and are able to testify in court if required. In
birth injury attorneys injury cases, the expert will determine if the defendant's actions did not meet the scope of care for a medical professional of similar training and experience.
Attorneys can also question any person who has a story that is relevant or with an exclusive perspective. These are sworn declarations which are not in court and permit lawyers to inquire of witnesses directly what transpired. Some depositions are conducted over the phone or via video conferences, but the majority are held in the courtroom. These depositions can be difficult and stressful but they are essential in building a strong case and obtaining the best compensation for clients.
Statute of limitations
In New York, as in the majority of states, medical malpractice claims must be filed within the statute of limitations window. Parents have two and a quarter years to file a suit after the date of the negligent act, omission or omission they believe caused the injuries of their child.
Your attorney can review your child's medical records to determine which doctors, nurses and
birth injuries other hospital staff might have played a role in your son or daughter's
birth injury lawsuit. They can seek any relevant documents and information that may help identify the cause of your child's injuries.
Your lawyer has to prove the case of malpractice by proving that the defendant was bound by an obligation to your child and breached it by failing to provide the required care in similar circumstances. To demonstrate this, your attorney will work with medical experts in comparing the actions of a medical professional with accepted practices and procedures.
A lawyer can also help you identify witnesses to testify about your case. They can provide valuable insight into the decision-making process of a doctor and how an error or omission caused the birth injury of your child. Your lawyer could then use this evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child that was injured and another for their parents.
Expert Witnesses
With the right assistance, families can obtain compensation that covers medical bills and lost income due to time away from work rehabilitation and therapy as well as the costs of long-term care. The key to winning a birth-injury claim is having the most qualified experts on your side.
They are able to review the evidence and give their professional opinion as to whether a medical professional acted in breach of their obligation of care by taking an act that could have resulted in the injuries of an infant. They can also explain complex medical terms to make them easier for a judge or jury to understand.
The expert witness's job is to give an impartial medical opinion that is reflective of the current state of the art as of the date of the incident. This means they must not exclude any relevant information in order to form an opinion that is more favorable to either the plaintiff or the defendant.
Experts should also examine the relevant medical records as well as contemporaneous publications with enough depth to enable them to form a sound opinion. In some cases experts may be required to give a deposition (sworn out-of-court statement). These sessions can be stressful but are an important part of the preparation of an argument. Your attorney can assist you prepare for these sessions and make sure that you are treated with respect.