Birth Injury Litigation

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

A successful lawsuit could help pay for future and current medical costs, lost wages, and other damages. A successful lawsuit could require years to obtain.

Compensation

Despite the latest medical advancements childbirth can be dangerous. Babies and mothers alike hope that doctors behave professionally and avoid making mistakes that could have long-lasting consequences. If your baby was injured that was caused by negligent actions of a doctor or hospital you might want to contact an New York birth injury lawyer to determine what legal recourse you have.

If you are successful in your claim, you'll be awarded financial compensation. This can cover the medical costs of the present and future as well as lost wages, emotional distress and other areas of potential damage. In certain cases, juries and judges may also award punitive damages in the event of egregious behavior.

Your attorney will work in conjunction with a network of experts witnesses to discover what happened and define the standard of care that is accepted. They will look over your medical records and analyze the actions of the medical staff that were present during your delivery. This information will help build strong arguments and increase your chances of success.

Before bringing a lawsuit your lawyer is likely to try to bargain with the malpractice insurance company. This will involve sending a demand packet, which includes a detailed account of your family's losses as well as the medical evidence to support the claim. The malpractice insurance company will make an offer. If a settlement is not reached, the case will proceed to trial.

Damages

The amount of damages a plaintiff is awarded may be either financial (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases, juries award both. The amount of compensation an individual victim will be awarded is based on how the accident has affected them, and also their past and future losses. Some states also place limits on the amount that an individual jury can award in non-economic damages.

To be able seek compensation, you must prove that the defendant did not fulfill their duty to care. This is done by a combination of medical records as well as expert witness testimony and depositions. Medical experts are those who are experts in a specific area of medical practice. They evaluate all evidence in the case and can testify at trial if necessary. In cases of birth injuries, the expert will determine if the defendant's actions did not meet the standard of care of an expert in the field with similar experience and training.

In addition to medical experts, attorneys also interview anyone who might have a relevant story or insight. These are sworn, non-judgmental statements that permit attorneys to question witnesses directly about what transpired. Some depositions are conducted on the phone or through a video conference, but the majority are held in the courtroom. These depositions can be difficult and stressful however they are crucial in establishing a strong argument and obtaining the best compensation for clients.

Statute of limitations

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

Your attorney can review your child's medical records to determine which doctors, nurses and other hospital personnel may have been involved in your son or daughter's birth. The attorney can request any relevant documents and other information that could help identify the cause of your child's injuries.

If you want to prove that there was a malpractice, your lawyer must prove that the defendant was owed by your child a obligation, and then breached it by failing to adhere to the standard of care in similar circumstances. To prove this, you lawyer will work with medical professionals to analyze the actions of the medical professional to accepted procedures and practices.

A lawyer can help you locate witnesses to testify in your case. These experts can provide valuable insight into a doctor's decision making process and how an error or omission caused your child's birth injuries. Your lawyer will then be able to use this evidence to back up your claim for compensation. A successful medical malpractice lawsuit involves two separate legal claims one for the injured child and one for the parents.

Expert Witnesses

Families can seek compensation for medical expenses, lost wages resulting from the absence of work therapy and rehabilitation and costs for long-term care with the right help. The key to winning a lexington birth injury lawyer-injury case is having the most skilled expert witnesses on your side.

They can also review evidence and give their professional opinion on whether a medical professional has violated their duty to care by doing something that could have led to the injury of an infant. They can simplify medical terms for a jury or judge to comprehend.

The objective of an expert witness is to provide an unbiased medical opinion that is based on the current knowledge at the time of the event. This means they should not eliminate relevant information to create a more favorable impression for either the plaintiff or the defendant.

Experts should also study the relevant medical records and Vimeo contemporaneous research with sufficient detail so that they can form an informed opinion. In certain cases, experts may be called to appear in deposition (sworn out-of court statement). These sessions can be daunting but they are a crucial part of preparing for a case. Your lawyer can prepare you for these sessions and ensure that you are treated fairly.