birth injury law firm Injury Litigation

Medical negligence during labor and delivery can cause serious birth injuries for infants. These injuries can have a lasting effect on the child and their family.

A successful lawsuit can pay for future and current medical costs as well as loss of wages, and other damages. However it could take years to complete.

Compensation

Despite the amazing medical advancements yet, childbirth is a risky procedure. Mothers and babies alike expect that doctors behave professionally and avoid blunders which could have lasting consequences. If your baby suffered an injury that was caused by negligence of a doctor or hospital you might want to speak with an New York birth injury lawyer to see what legal recourses you have.

A successful claim for birth injury birth injuries can result in financial compensation. This can cover the current and future medical expenses loss of earnings, emotional distress, and other areas of potential damage. In certain cases juries or judges can also award punitive damages for unjust conduct.

Your attorney will work closely with a network expert witnesses to determine what happened and the standard of care you should expect. They will review your entire medical record and analyze what the medical professionals did during your delivery. This information will help build an argument that is strong and increase your chances for success.

Before bringing a lawsuit your lawyer will generally attempt to bargain with the malpractice insurer. This involves the submission of a demand document, which will include a written statement of your family's losses, as well as medical evidence that supports the claims. The malpractice insurer will then make an offer. If a settlement is not reached, the case will proceed to trial.

Damages

The damages plaintiffs can be awarded can be monetary (such a medical bill) or non-economic (such the suffering and pain). In a lot of cases juries award both. The amount of compensation a victim will receive is determined by how the injury has affected them and also their past and future losses. Certain states also impose restrictions on the amount an individual jury can award in non-economic damages.

In order to seek compensation the case must prove that the defendant did not fulfill their duty of care. This is done by a combination of medical records as well as expert witness testimony and birth injury lawyer depositions. Medical experts are people who have specialized in a particular area of medical practice. They review all evidence in the case, and testify at trial, if needed. In cases involving birth injuries, the expert will determine if the defendant's actions fell outside the standards of care expected of a medical professional of similar experience and training.

In addition to medical experts, attorneys will take the depositions of anyone who has an interesting story or insight. These are sworn, out-of-court statements that permit attorneys to question witnesses directly about what transpired. Some depositions can be conducted via phone or by video conference however the majority of depositions are conducted in court. These conversations are often difficult and stressful but are crucial to constructing a convincing case for clients and obtaining the highest possible amount of compensation.

Statute of Limitations

In New York, as in the majority of states, medical malpractice claims must be filed within a time frame of a statute of limitations. Parents have a maximum of two and a quarter years to file a lawsuit within the time frame of a negligent act, omission or inaction that they believe caused their child's injuries.

Your attorney will be able to review the medical records of your child to determine if any obstetricians or nurses as well as other hospital staff were involved in the bernardsville Birth injury Law firm of your son or daughter. He or she may then request any relevant documents and data that can aid in determining the cause of your child's injuries.

In order to prove the negligence, your lawyer must prove that the defendant was owed by your child a duty and breached this duty by failing to adhere to the standards of care required in similar circumstances. To prove this, your attorney will work with medical professionals to evaluate the actions of the medical professional with accepted procedures and practices.

A lawyer can assist you find witnesses who will provide testimony in your case. These experts can provide valuable information about the process of making decisions by a doctor and how a mistake or omission resulted in your child's birth injuries. Your lawyer can then utilize the evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims: one for the child who was injured and one for the parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages due to working hours, rehabilitation treatments and therapies as well as long-term care expenses with the right assistance. But the most important thing to winning a birth injury case is having the best experts on your side.

These individuals are able to review the evidence and provide an expert opinion on whether a medical professional violated their duty of care doing something that could have led to an infant's injury. They can explain difficult medical terms to make them easier for judges or jury to comprehend.

The expert witness's role is to offer an objective medical opinion that is reflective of the current knowledge as of the date of the event. This means they must not omit any relevant information to create a view that is more favorably disposed to either the plaintiff or the defendant.

Experts should also carefully review relevant medical records and contemporary research be able to make an informed judgment. In some cases experts may be required to make deposition (sworn out-of-court declaration). These meetings can be stressful however they are a necessary part of preparing for a case. Your attorney can help prepare for these sessions and ensure that you are treated with respect.