Birth Injury Litigation

Medical inattention during labor and delivery can cause severe birth injuries to infants. These injuries leave a lasting impact on the infant and their family.

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

Compensation

Despite the latest medical advancements birth can be a risky. Both babies and mothers expect that doctors will act professionally and avoid blunders that could have long-lasting consequences. If you believe that the hospital or doctor is liable for the injury of your baby and/or death, you should consult a New York birth injuries lawyer to determine what legal options you have.

If you win your claim, you'll receive financial compensation. This can include future and present medical expenses loss of wages, emotional stress and other damages that could be awarded. In some cases juries and judges could also award punitive damage for egregious behavior.

Your attorney will collaborate closely with a network of expert witnesses to determine what transpired and the accepted standard of care. They will review your entire medical record and examine the actions taken by medical personnel during your Hillsboro Birth Injury Attorney. This information will help build a strong argument and maximize your chances for success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice company prior to filing a lawsuit. This requires submitting an agenda of demands that includes a comprehensive account of the losses your family has suffered as well as the medical evidence to back the claims. The malpractice insurance company will make an offer. If no settlement is reached, the case will go to trial.

Damages

The damages plaintiffs may be awarded are either economic (such medical bills) or non-economic (such the pain and suffering). In many cases juries decide to award both. The amount of money the victim will receive is determined by how the injury has affected them, in addition to their past and future losses. Certain states limit the amount of non-economic damages that juries may decide to award.

To be able to seek compensation, it must be proven that the defendant breached their duty of care. This is accomplished by using medical records, expert testimony, and depositions. Medical experts are individuals with specialized knowledge in a specific area of medical practice. They review all evidence and are able to testify in court if needed. In cases involving unionville birth injury law firm injuries, the expert will help establish that the defendant's actions are against the standard of care expected from medical professionals with similar training and experience under the circumstances of the case.

Attorneys may also depose anyone who has a relevant story or has an unique perspective. They are sworn, outside-of-court statements that permit attorneys to question witnesses directly about what happened. Depositions can be conducted over the telephone or via videoconference however the majority of depositions are held in court. These meetings are often stressful and stressful, but they are essential in establishing a strong argument for clients and obtaining the highest possible amount of compensation.

Statute of limitations

As in most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and one-half years from date of an incident or omission that is believed to cause injury to their child to bring a lawsuit.

Your attorney can review the medical records of your child to determine which doctors, nurses and other hospital personnel could have been involved in your son's or daughter's birth. He or she will then ask for any documents and information related to the injury of your child.

Your lawyer has to prove the case of malpractice by proving that the defendant owed a duty to your child and breached it by failing to provide the required care in similar circumstances. To prove this, you attorney will work with medical professionals to evaluate the actions of the medical professional to accepted procedures and practices.

An attorney can help you locate witnesses to be available to testify in your case. These professionals can give an insight into the doctor's decision-making process and how a specific mistake or omission caused your child's birth injury. The evidence could be used by your lawyer to justify your claim for compensation. A successful medical malpractice claim involves two distinct legal claims one for the child injured and another for the parents.

Expert Witnesses

With the right assistance families can receive compensation for medical expenses as well as lost earnings due to time away from work, rehabilitative treatments and therapies and the cost of long-term care. The key to winning a birth injury case is having the best experts for your case.

They can look over the evidence and provide their professional opinion on whether a medical professional violated their duty of care in carrying out an act that could have caused injuries to an infant. They can explain complicated medical terms to make it easier for judges or jury to comprehend.

The expert witness's job is to give an impartial medical opinion that is reflective of the current state of knowledge at the time of the event. This means they must not omit any relevant information in order to form an opinion that is more favorably disposed to either the plaintiff or the defendant.

Experts should also carefully review relevant medical records and current literature to in making an informed judgement. In certain cases experts may be asked to give a sworn statement outside of court. These sessions can be daunting however they are an essential element of preparing for a case. Your attorney can assist you prepare for these sessions and ensure that you are treated with respect.