Birth Injury Litigation

Medical negligence during the delivery process or labor can lead to severe birth injuries to infants. These injuries can have a lasting impact on the child and their family.

A successful lawsuit may help pay for medical costs now and in the future, lost wages, and other damages. A successful lawsuit can require years to obtain.

Compensation

Despite the incredible medical advances yet, childbirth is a risky procedure. Baby and mother expect doctors in attendance to act with professionalism and avoid mistakes that could result in permanent consequences. If you think the doctor or hospital was negligent in causing the injury of your baby, you should contact a New York ashtabula Birth Injury attorney injuries lawyer to determine the legal options you have.

If you are successful in your claim, you will receive financial compensation. This could include future and current medical expenses as well as lost earnings, emotional stress and other potential damages. In some cases, juries and judges may also award punitive damages for an act of adversity.

Your attorney will collaborate with a group of expert witnesses to understand what happened and establish the accepted standard of care. They will review all of your records and examine the actions taken by medical personnel during your birth. This information will help them build a strong case and maximize your chances of success.

Before bringing a lawsuit, your lawyer will generally attempt to bargain with the malpractice insurer. This involves the submission of a demand document, that includes a report detailing your family's losses along with medical evidence that supports them. The malpractice carrier will then respond with an offer. If a settlement is not reached, the lawsuit will proceed to trial.

Damages

The damages a plaintiff receives may be either financial (such as medical bills) or non-economic (such as pain and suffering). In many cases juries decide to award both. The amount of damages the victim is awarded will be determined by the degree to which the accident has affected their lives as well as evidence of their past and future losses. Certain states limit the amount of non-economic damages juries can award.

In order to seek compensation, it must be proven that the defendant acted in breach of their duty of care. This is done through the use of medical documents, expert witness testimony, and depositions. Medical experts are people who are experts in a particular area of medical practice. They review all evidence and are able to be able to testify in court, if needed. In cases of birth injuries, the expert will help establish that the defendant's actions fall beyond the standards of care for an expert in medicine with the same training and experience under the circumstances of the case.

Attorneys can also depose anyone with a pertinent story, or who has an exclusive perspective. They are sworn statements that are delivered outside of court that allow attorneys to ask witnesses directly what happened. Some depositions are conducted via the phone or through a video conference, however most are held in a courtroom. These depositions are often challenging and stressful, but they are essential in establishing a strong argument for clients and obtaining the best possible compensation.

Statute of limitations

Like most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and a half years to file a lawsuit within the time frame of a mistake, omission or failure that they believe caused their child's injuries.

Your attorney can look over your child's medical records to determine which obstetricians, nurses and other hospital staff might have been involved in your son's or daughter's richfield birth injury law firm. He or she will seek any documents or information relevant to the injury of your child.

When proving misconduct, your lawyer needs to prove that the defendant was responsible for your child's obligation and then violated this obligation by failing to meet the standard of care in similar circumstances. To demonstrate this, your attorney will collaborate with medical experts to evaluate the actions of the medical professional to accepted practices and procedures.

An attorney can help you identify witnesses who can testify in your case. They can provide an insight into the decision-making process of the doctor and how a specific error or omission could have led to your child's birth injury. Your lawyer can then utilize this evidence to support your claim for compensation. A successful medical malpractice case requires two separate legal claims: one for the child who was injured and one for the parents.

Expert Witnesses

Families can seek compensation for medical expenses, lost wages resulting from working hours as well as rehabilitation therapies and treatments and costs for long-term care with the right support. The most important factor to win a birth-injury claim is having the best experts on your side.

These individuals can review the evidence and give their professional opinion about whether a medical professional acted in breach of their duty of care by performing an action which could have resulted in injuries to an infant. They can explain difficult medical terms to make them easier for judges or jury to understand.

The role of an expert witness is to provide an unbiased medical opinion that reflects the current knowledge as of the date of the event. This means they must not omit any relevant facts to form an opinion that is more favorable to either the plaintiff or the defendant.

Experts should also study the relevant medical records as well as contemporaneous literature with sufficient thoroughness so that they can form a sound opinion. In certain cases experts may be required to appear in a deposition (sworn out-of court statement). These sessions can be a bit intimidating but they are an essential part of the preparation of for a trial. Your attorney can help you prepare for these sessions and make sure that you are treated with respect.