Anthony Birth Injury Law Firm Injury Litigation

Medical negligence during labor and birth can result in serious birth injuries to infants. These injuries can have a long-lasting impact on the child and their family.

A successful lawsuit can help pay for current and future medical expenses as well as lost wages, and other losses. A successful lawsuit may require years to obtain.

Compensation

Despite the amazing medical advancements, childbirth is still dangerous procedure. Both babies and mothers expect that doctors will act professionally and avoid making mistakes that could have long-lasting consequences. If your baby was injured caused by the negligent actions of a doctor or hospital, you may want to speak with a New York birth injury lawyer to determine the legal recourses you have.

A successful claim for birth injuries will result in financial compensation. This can cover the current and future medical expenses loss of wages, emotional distress, and other areas that could cause damage. In some cases juries or judges could also award punitive damages for the most egregious of conduct.

Your attorney will work in conjunction with a network of experts witnesses to analyze what happened and establish the standard of care that is accepted. They will review your records and analyze the actions of the medical professionals who were present during your delivery. This will help to build an argument that is strong and increase your chances of success.

Before bringing a lawsuit your lawyer is likely to try to talk to the malpractice insurance company. This is done by sending a demand packet, which includes a detailed account of your family's losses along with medical evidence that supports the claims. The malpractice insurance company will make an offer. If a settlement is not reached, the lawsuit will proceed to trial.

Damages

The damages a plaintiff can receive can be either financial (such medical bill) or not-economic (such as suffering and pain). In many cases the jury awards both. The amount of damages that an individual victim will be awarded will depend on how the accident has affected them in addition to their past and future losses. Certain states limit the amount of non-economic damages that a jury may award.

To pursue compensation the plaintiff must prove that the defendant breached their duty of care. This is done by mixing medical records, expert testimony, and depositions. Medical experts are people who are experts in a certain area of medical practice. They evaluate all evidence and can appear in court if they are required. In birth injury cases, the expert will be able to prove that the defendant's actions are not in the standard of care of an medical professional with similar training and experience.

In addition to medical experts, attorneys can also be able to depose anyone who might have an important story or insight. These are legally sworn statements delivered outside of court that permit attorneys to ask witnesses directly what transpired. Depositions can be conducted via phone or by video conference however the majority of depositions are held in court. These meetings can be challenging and stressful but they are vital to build a strong case and securing the most favorable compensation for clients.

Statute of limitations

In New York, as in the majority of states, medical malpractice claims must be filed within the statute of limitations. Parents have 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 can review the medical records of your child to determine which obstetricians nurses and other hospital staff may have been involved in your son or daughter's birth. He or she may then request any relevant documents and other information that could help determine the cause of your child's injuries.

In order to prove the negligence, your lawyer must establish that the defendant was owed by your child a obligation, and then breached it by failing to uphold the standard of care under similar circumstances. To prove this, your lawyer will work with medical experts in comparing the medical professional's actions to accepted practices and procedures.

A lawyer can also help you identify witnesses and find them to testify about your case. They can provide valuable insights into the doctor's decision-making process and how a specific error or omission led to the artesia birth injury attorney injury suffered by your child. This information can be utilized by your lawyer to justify your compensation claim. A successful medical malpractice lawsuit involves two separate legal claims one for the child who has been injured and one for the parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages resulting from time off work as well as rehabilitation therapies and treatments as well as costs for long-term health care with the right assistance. The most important factor to win a birth-injury case is having the most qualified expert witnesses on your side.

They will review the evidence and give their professional opinion about whether a medical professional acted in breach of their obligation of care by taking an act that could have resulted in injuries to an infant. They can simplify medical terms for a jury or judge to understand.

An expert witness's role is to provide unbiased medical testimony that reflects the current state of knowledge at the time of the event relevant to the case. This means they should not ignore relevant information in order to create a more favorable view for either the plaintiff or the defendant.

Experts should also review the relevant medical records and contemporaneous research with sufficient detail to allow them to form an informed opinion. In some cases, experts may be called to appear in a deposition (sworn out-of-court statements). These meetings can be stressful but they are an essential element of preparing for a case. Your attorney can help you prepare for these sessions and ensure that you are treated fairly.