Birth Injury Litigation

Medical negligence during labor and delivery can result in serious birth injuries to infants. These injuries can have a long-lasting impact on the child as well as their family.

A successful lawsuit could aid in the payment of medical expenses now and in the future along with lost wages and other damages. A successful lawsuit may take years to reach.

Compensation

Despite amazing medical advances childbirth can be dangerous. Babies and mothers alike hope that doctors will act professionally and avoid errors that could cause long-lasting damage. If your baby suffered an injury caused by the carelessness of a medical professional or hospital you might want to speak with a New York birth injury lawyer to see what legal recourses you have.

A successful claim for kirkwood birth injury lawsuit injuries will result in financial compensation. This could cover the current and future medical expenses and lost wages, emotional distress and other areas that could cause damage. In certain instances juries or judge may also award punitive damages for unacceptable 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 analyze what the medical staff did during your birth. This will help to build strong arguments and increase your chances of success.

Before bringing a lawsuit your lawyer is likely to try to talk to the malpractice insurance company. This will involve the submission of a demand document, that includes a report detailing your family's losses and the medical evidence that supports them. The malpractice insurer will then make an offer. If there is no settlement the case will go to trial.

Damages

The damages that the plaintiff could be awarded can be monetary (such medical bills) or non-economic (such s pain and suffering). In many cases, juries award both. The amount of the damages a victim receives will be determined by the extent to which the injury has affected their life, and also the evidence of their past and future losses. Certain states limit the amount of non-economic damages juries may award.

To pursue compensation, it must be proven that the defendant breached their duty of care. This is accomplished by using medical evidence, expert testimony and depositions. Medical experts are individuals who have specialized knowledge in a specific area of medicine. They scrutinize all evidence in the case, and testify at trial if needed. In cases involving brentwood birth injury lawyer injuries, an expert can help prove that the defendant's actions fall against the standard of care expected from a medical professional with similar training and experience under the circumstances of the case.

Attorneys will also depose anyone who has a relevant story or has a unique insight. They are sworn statements that are which are not in court and permit attorneys to inquire about witnesses directly what transpired. Some depositions are conducted over the phone or via video conferences, but the majority are held in the courtroom. These meetings can be challenging and stressful but they are essential in establishing a strong argument and securing the most favorable compensation for clients.

Statute of limitations

In New York, as in many states, medical negligence claims must be filed within a statute of limitations window. Parents have a maximum of two and a half years to file a lawsuit after the date of a mistake, omission or omission they believe caused their child's injuries.

Your attorney can look over 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 may then seek any relevant documents and information that could aid in determining the cause of the injuries to your child.

Your lawyer must establish the malpractice by establishing that the defendant was bound by the child a duty and violated it by failing to provide the appropriate care under similar circumstances. To establish this, your lawyer will collaborate with medical experts to evaluate the actions of the medical professional to accepted practices and procedures.

A lawyer can also help you identify witnesses to testify about your case. These professionals can give an insight into the decision-making process of the doctor and how a particular mistake or omission contributed to the birth injury of your child. Your lawyer will then be able to 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 has been injured and one for the parents.

Expert Witnesses

With the right help, families can obtain compensation for medical expenses, lost income from working hours taken off, rehabilitative treatments and therapies and the cost of long-term medical care. But the most important thing to winning a birth injury case is having the best experts available for your case.

These individuals are able to review evidence and give their professional opinion on whether a medical professional has violated their duty of care doing something that could have caused the injury of an infant. They can simplify medical terms for a jury or judge to understand.

The expert witness's job is to provide an objective medical opinion that is based on the current state of knowledge as of the date of the incident. This means they must not exclude any relevant information to develop a view that is more favorably disposed to either the plaintiff or the defendant.

Experts should also thoroughly review relevant medical records and current research make an informed decision. In some instances, experts may be called to give deposition (sworn out-of court statement). These sessions are intimidating, but they are a crucial part of preparing for a trial. Your attorney can prepare you for these sessions and ensure that you are treated fairly.