Birth Injury Litigation

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

A successful lawsuit could help pay for medical costs now and in the future, lost wages, and other damages. A successful lawsuit could take years to achieve.

Compensation

Despite the remarkable medical advancements birth is still an extremely risky process. Both mothers and babies expect that doctors act in a professional manner and avoid errors that could cause long-lasting damage. If your baby suffered an injury due to negligent actions of a hospital or doctor You may wish to consult a New York birth injury lawyer to determine the legal options you have.

If you win your claim, you'll be awarded financial compensation. This can include current and future medical costs loss of wages, emotional stress and many other damages. In some cases juries and judges could also award punitive damages in the event of unacceptable behavior.

Your attorney will work with a network of expert witnesses to determine what occurred and define the accepted standard of care. They will go through all of your records and evaluate the actions taken by medical personnel during your gulfport birth injury attorney. This information will help you build strong arguments and increase your chances for success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice insurance company prior to filing a lawsuit. This will mean submitting a package of demands, which will include a thorough account of the losses your family has suffered and medical evidence to justify them. The malpractice insurance company will make an offer. If no settlement is reached the case will proceed to trial.

Damages

The damages plaintiffs can be awarded can be either financial (such medical bills) or non-economic (such s suffering and pain). In many cases the jury awards both. The amount of damages that a victim is awarded will be based on the extent to which the incident has impacted their life, and also the evidence of their past and future losses. Certain states limit the amount of non-economic damages that juries may award.

To pursue compensation the case must prove that the defendant violated their duty of care. This is accomplished through a combination of medical documents, expert witness testimony, and depositions. Medical experts are those who specialize in a specific area of medical practice. They review all evidence and can be called in to testify in court if required. In cases involving birth injuries an expert can help prove that the defendant's actions are outside of the standard of care for a medical professional with the same training and experience in the case's circumstances.

Attorneys may also depose any person who has a story that is relevant or has an unique perspective. These are legally sworn statements delivered outside of court that permit attorneys to ask witnesses directly what happened. Some depositions are conducted via the phone or via video conference, but most are conducted in the courtroom. These conversations can be difficult and stressful however they are crucial in establishing a strong argument and securing the highest possible compensation for clients.

Statute of limitations

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

Your attorney can look over the medical records of your child to determine which obstetricians, nurses and other hospital personnel might have played a role in your daughter or son's birth. He or she will then seek any documents or information related to the injury of your child.

In order to prove the malpractice, your lawyer has to establish that the defendant was responsible for your child's obligation and violated that duty in failing to comply with the standard of care in similar circumstances. To prove this, you attorney will work with medical professionals to evaluate the actions of the medical professional with accepted practices and procedures.

A lawyer can help you find witnesses who will be able to testify in your case. These professionals can give valuable insight into the doctor's decision-making process and how a specific error or omission led to the woodbury birth injury lawsuit - vimeo.com - injury to your child. This information can be used by your lawyer to support your compensation claim. A successful medical malpractice case involves two separate legal claims one for the child that was injured as well as one for the parents of the child.

Expert Witnesses

With the right support families can receive compensation for medical expenses as well as lost earnings due to time away from work, rehabilitative treatments and therapies, as well as the costs of long-term care. The most important factor to win a birth-injury case is having the most experienced expert witnesses on your side.

They will review the evidence and give their professional opinion about whether a medical professional breached their obligation of care by taking an action that could have caused the injuries of an infant. They can simplify medical terms for juries or judge to understand.

The role of an expert witness is to provide impartial medical testimony that reflects the state of knowledge at the time of the incident that is in dispute. This means that they should not omit any relevant information in order to form a view that is more favorably disposed to either the plaintiff or defendant.

Experts should also thoroughly review relevant medical records as well as current literature to enable them 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, but they are an essential part of preparing for a trial. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.