Birth Injury Litigation

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

A successful lawsuit can be used to pay for future and present medical costs as well as lost wages, and other losses. A successful lawsuit can take a long time to complete.

Compensation

Despite the incredible medical advances birth is still an extremely risky process. Both babies and mothers expect that doctors act in a professional manner and avoid errors that could have long-lasting consequences. If your baby suffered an injury due to negligence of a doctor or hospital, you may want to consult an New York Birth injury lawyer (Vimeo.com) to determine the legal recourses you have.

If you are successful in your claim, you'll receive financial compensation. This could cover future and current medical expenses as well as lost wages, emotional distress and other areas of damage. In some cases juries and judges can also award punitive damage for unacceptable behavior.

Your attorney will work with a group of expert witnesses to analyze what happened and establish the accepted standard of care. They will review your entire medical record and analyze what the medical professionals did during your birth. This information can help build a strong argument and maximize your chances for success.

Typically your lawyer will attempt to reach a settlement with the malpractice insurer prior to filing a lawsuit. This will mean submitting a package of demands, that includes a comprehensive account of the losses your family has suffered and medical evidence to support the claims. The malpractice company will respond with an offer. If a settlement isn't reached, the lawsuit will go to trial.

Damages

The amount of damages a plaintiff is awarded may be either financial (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases, juries award both. The amount of the damages a victim receives will be determined by the degree to which the accident has affected their lives, and also the evidence of the past and future losses. Some states restrict the amount of non-economic damages a jury may determine.

To be able to claim compensation, you must show that the defendant did not fulfill their duty of caring. This is done through a combination of medical records as well as expert witness testimony and depositions. Medical experts are people who specialize in a specific area of medical practice. They scrutinize all evidence and may be called in to testify in court if required. In birth injury attorney injury cases, birth injury lawyer the expert will help establish that the defendant's actions were against the standard of care for a medical professional with similar training and experience under the circumstances of the case.

Attorneys will also depose anyone with a pertinent story, or who has an unique perspective. These are sworn declarations delivered outside of court that permit lawyers to inquire of witnesses directly what happened. Depositions can be conducted over the phone or via video conferences, but the majority are held in a courtroom. These discussions can be difficult and stressful, yet they are essential to establishing a strong case for clients and obtaining the best possible compensation.

Statute of Limitations

In most states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have a maximum of two and a half years to file a suit following the date of a mistake, omission or omission they believe caused the injuries of their child.

Your attorney may review the medical records of your child to determine if any obstetricians or nurses and 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 may aid in determining the cause of your child's injuries.

Your lawyer has to prove the case of malpractice by establishing that the defendant owed the child a duty and birth injury lawyer failed to provide the required care under similar circumstances. To prove this, you lawyer will work with medical professionals in comparing the actions of the medical professional with accepted practices and procedures.

A lawyer can also assist you to find witnesses to testify about your case. These professionals can give an insight into the process used by doctors to make decisions and how a specific mistake or omission could have led to the birth injury to your child. The evidence could be utilized by your lawyer in support of your claim for compensation. A successful medical malpractice case involves two separate legal claims one for the child injured and another for their parents.

Expert Witnesses

With the right help families can receive compensation to cover medical expenses, lost income from time off from work rehabilitation and therapy as well as the costs of long-term care. The key to winning a birth injury case is having the top experts available for your case.

They can look over the evidence and provide a professional opinion on whether a medical professional violated their duty of care by performing an action that could have resulted in an infant's injuries. They can simplify medical terms for juries or judge to comprehend.

The role of an expert witness is to provide unbiased medical evidence that reflects the current state of knowledge at the time of the event relevant to the case. This means that they cannot remove relevant information to provide a more favorable impression for either the plaintiff or defendant.

Experts should also study relevant medical records and contemporary research in making an informed judgement. In some instances experts may be required to provide an unassailable statement in court. These sessions can be a bit intimidating but they are a crucial part of the preparation of the case. Your attorney can help you prepare for these sessions and make sure that you are treated with respect.