Birth Injury Litigation

Medical negligence during delivery and labor can result in serious birth injuries for infants. These injuries leave a lasting impact on the child and their family.

A successful lawsuit can assist in paying for medical expenses now and in the future along with lost wages and other damages. However the process of obtaining a lawsuit that is successful can take years to reach.

Compensation

Despite the incredible medical advances birth is still a risky procedure. Parents and their babies expect doctors to act with professionalism and avoid errors that could have lifelong consequences. If you think the doctor or hospital is liable for the injury to your baby then you should contact a New York birth injuries lawyer to determine what legal options you have.

If you're successful with your claim, you will be awarded financial compensation. This could include future and ongoing medical expenses as well as lost earnings, emotional stress and other damages that could be awarded. In certain cases juries or judges could also award punitive damages in the event of unjust conduct.

Your attorney will work with a team of experts witnesses to discover what happened and define the accepted standard of care. They will go through all your medical records and analyze the actions of your medical team during your delivery. This information can help build a strong argument and maximize your chances of success.

Typically your lawyer will attempt to reach a settlement with the malpractice insurer prior to filing a lawsuit. This will mean submitting an array of demands that includes a comprehensive description of your family's losses and the medical evidence to support the claims. The malpractice insurance company will make an offer. If a settlement is not reached, the case will go to trial.

Damages

The damages that plaintiffs can be awarded can be monetary (such medical bill) or not-economic (such as pain and suffering). In a majority of cases, juries award both. The amount of damages an individual victim receives will be determined by the extent to which the incident has affected their lives as well as evidence of their past and future losses. Certain states restrict the amount of non-economic damages that juries can award.

To be able to claim compensation, Vimeo you must prove that the defendant has violated their duty to care. This is done by combining medical records, expert testimony and depositions. Medical experts are those who have been trained in a specific area of medical practice. They evaluate all evidence and may testify in court if needed. In cases involving linton birth injury lawsuit injuries, experts will be able to prove that the defendant's actions are against the standard of care expected from an expert in medicine who has the same education and experience in the particular case.

In addition to medical experts, attorneys also interview anyone who may have an important story or insight. These are sworn out-of-court statements that allow attorneys to ask witnesses directly about what transpired. Some depositions are conducted via the phone or via video conference, however most are held in the courtroom. These discussions can be difficult and stressful, yet they are essential to building a strong case for clients and obtaining the maximum possible compensation.

Statute of limitations

Like many states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and two-and-a-half years from the date of an act or omission believed to have caused their child's injury to bring a lawsuit.

Your attorney may review the medical records of your child to determine which doctors, nurses and other hospital personnel might have played a role in your son or daughter's birth. He or she may then request any relevant documents and data that can help determine the cause of the injuries to your child.

Your lawyer must prove malpractice by proving that the defendant was bound by an obligation to your child and failed to provide the required care in similar circumstances. To prove this, your lawyer will collaborate with medical experts to evaluate the medical professional's actions with accepted practices and procedures.

A lawyer can also help you find witnesses who can testify about your case. They can provide valuable insight into the process of making decisions by a doctor and how a mistake or omission caused your child's birth injuries. The evidence could be utilized by your lawyer in support of your compensation claim. A successful medical malpractice case requires two separate legal claims: one for the child who has been injured and another for the parents.

Expert Witnesses

With the right assistance families can secure compensation for medical expenses as well as lost earnings due to absence from work rehabilitation and therapy and the cost of long-term medical care. The most important factor to win the birth-injury lawsuit is having the best expert witnesses on your side.

These individuals can review the evidence and provide a professional opinion on whether a medical professional breached their duty of care when they performed an act that could have caused injuries to an infant. They can also explain complicated medical terms to make them easier for a judge or jury to understand.

The job of an expert witness is to give unbiased medical testimony that is based on the state of knowledge at the time of the incident in question. This means they must not eliminate relevant information to give a more favorable view for either the plaintiff or defendant.

Experts should also carefully review relevant medical records and current research make an informed decision. In some cases experts could be asked to provide a deposition (sworn out-of court statement). These sessions can be stressful however they are an essential aspect of the preparation of a case. Your lawyer can help you prepare for these sessions and make sure that you are treated with respect.