Birth Injury Litigation

Medical negligence during labor and delivery can cause severe birth injuries to infants. These injuries can have a long-lasting impact on the child as well as their families.

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

Compensation

Despite the incredible medical advances yet, childbirth is a risky procedure. Parents and their babies expect doctors to act with professionalism and avoid errors which could have long-lasting consequences. If you think the doctor or hospital has been negligent in causing your baby's injury or harm, you should speak with a New York birth injuries lawyer to determine the legal options you have.

A successful claim for birth injuries results in financial compensation. This can include current and future medical costs loss of wages, emotional stress and a variety of other damages. In some instances, juries or judges may also award punitive damages in the event of egregious conduct.

Your attorney will work closely with network experts witnesses to determine what occurred and the accepted standard of care. They will review your medical records and examine the actions of the medical staff that were present during your delivery. This will assist them to make a convincing case and increase your chances of success.

Before bringing a lawsuit your lawyer will usually attempt to talk to the malpractice insurance company. This will involve the submission of a demand document, that includes a report detailing your family's losses as well as the medical evidence that supports the claims. The malpractice company will respond with an offer. If no settlement is reached the case will go to trial.

Damages

The damages a plaintiff receives may be economic (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases, juries award both. The amount of money an individual victim will be awarded is based on how their injury has affected them and also their past and future losses. Certain states also impose limitations on the amount the jury can award in non-economic damages.

In order to be eligible for compensation, you must prove that the defendant did not fulfill their duty of caring. This is accomplished by mixing medical documents, expert testimony, and depositions. Medical experts are individuals who are experts in a particular area of medical practice. They examine all evidence in the case and can testify in court if required. In cases involving birth injuries, the expert will prove that the defendant's actions fall beyond the standards of care expected from an expert in medicine with similar training and experience in the case's circumstances.

Attorneys can also question anyone who has a relevant story or has a unique insight. These are sworn, out-of-court statements that permit attorneys to question witnesses directly about what transpired. Depositions can be conducted over the phone or via video conference, however most are held in a courtroom. These conversations can be difficult and stressful but they are vital in building a strong case 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 a specified time of limitations. Parents have two and a half years to file a suit after the date of a mistake, omission or inaction that they believe caused their child's injuries.

Your attorney can look over the medical records of your child to determine whether any nurses or obstetricians as well as other hospital staff, were involved in the birth of your son or daughter. He or she will request any documents and details that relate to the injuries of your child.

In order to prove the malpractice, your lawyer has to prove that the defendant was owed by your child a obligation and violated that duty by failing to adhere to the standard of care under similar circumstances. To prove this, your lawyer will work with medical experts in comparing the medical professional's actions with accepted practices and procedures.

A lawyer can assist you identify witnesses who can provide testimony in your case. These professionals can provide valuable insight into the decision-making process of a doctor and the way in which an error or omission caused the abingdon birth injury lawsuit injuries of your child. This information can be used by your lawyer to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child that was injured and another for their parents.

Expert Witnesses

Families can be compensated for medical expenses, lost wages resulting from the absence of work, rehabilitation treatments and therapies as well as costs for long-term health care with the right help. The most important factor to win the birth-injury lawsuit is having the most skilled expert witnesses on your side.

They can also review evidence and offer an expert opinion on whether a medical professional violated their duty to care by doing something which could have caused an infant's injury. They can also explain complex medical terms to make them easier for a judge or jury to comprehend.

The role of an expert witness is to provide unbiased medical evidence that reflects the state of medical knowledge at the time of the incident that is in dispute. This means that they should not exclude any relevant facts to form an opinion that is more favorable to either the plaintiff or defendant.

Experts should also study relevant medical records and Vimeo contemporary literature to to form an informed opinion. In some instances, experts may be called to provide a deposition (sworn out-of-court statements). These meetings can be stressful but they are an essential element of preparing for a trial. Your lawyer can help you prepare for these sessions and make sure that you are treated fairly.