Birth Injury Litigation

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

A successful lawsuit can be used to pay for future and present medical costs, lost wages, and other losses. A successful lawsuit can take a long time to complete.

Compensation

Despite the amazing advances in medical technology birth is still a risky procedure. Mothers and babies expect the doctors who attend to behave with professionalism and avoid making mistakes that could have lifelong consequences. If you believe an institution or doctor was negligent in causing the injuries to your baby then you should contact a New York poughkeepsie birth injury lawyer injuries lawyer to determine what legal options you have.

A successful claim for harlan birth injury lawyer-related injuries can result in financial compensation. This could cover the medical costs of the present and future, lost earnings, emotional distress, and other areas that could cause damage. In some instances, juries or judges may also award punitive damages in the event of the most egregious of conduct.

Your attorney will work with a group of expert witnesses to analyze what happened and establish the standard of care that is accepted. They will review your medical records and evaluate the actions of the medical personnel who were present during your delivery. This information will help build a strong argument and maximize your chances for success.

Before bringing a lawsuit, your lawyer is likely to attempt to bargain with the malpractice insurer. This requires submitting an agenda of demands which includes a detailed description of your family's losses as well as the medical evidence to justify them. The malpractice insurer will respond with an offer. If a settlement cannot be reached, the case will go to trial.

Damages

The damages that a plaintiff receives can be either economic (such as medical bills) or non-economic (such as suffering and pain). In many cases juries decide to award both. The amount of damages the victim is awarded is based on how the injury has affected them, in addition to their past and future losses. Certain states restrict the amount of non-economic damages juries may decide to award.

To pursue compensation the plaintiff must prove that the defendant did not fulfill their duty of care. This is accomplished through a combination of medical records and expert witness testimony and depositions. Medical experts are individuals who are experts in a specific area of medicine. They review all evidence and can be called in to testify in court if required. In birth injury cases, experts will be able to prove that the defendant acted against the standard of care for a medical professional with similar training and experience in the particular case.

In addition to medical experts, attorneys can also interview anyone who has an important story or insight. These are legally sworn statements which are not in court and allow attorneys to ask witnesses directly what transpired. Some depositions can be conducted via phone or by video conference however the majority of depositions are conducted in court. These conversations can be difficult and stressful but they are vital in building a strong case and obtaining the best possible compensation for clients.

Statute of Limitations

Like most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have up to 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 will be able to review the medical records of your child to determine whether any nurses or obstetricians, as well as other hospital personnel, were involved in the birth of your son or daughter. The attorney can seek any relevant documents and information that could help identify the cause of the injuries to your child.

Your lawyer must establish the malpractice by establishing that the defendant was bound by an obligation to your child and violated it by failing to provide the required care in similar circumstances. To prove this, you lawyer will work with medical professionals to evaluate the actions of the medical professional to accepted practices and procedures.

A lawyer can also assist you to identify witnesses and find them who can testify about 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 birth injuries of your child. Your lawyer will then be able to use the evidence to support your claim for compensation. A successful medical malpractice claim involves two distinct legal claims one for the injured child and one for the parents.

Expert Witnesses

Families can seek compensation for medical bills, lost wages 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 key to winning the birth-injury lawsuit is having the best experts on your side.

These individuals can review the evidence and give their professional opinion on whether a medical professional has violated their obligation of care by taking an action that could have resulted in an infant's injuries. They can simplify medical terms for a jury or judge to understand.

The role of an expert witness is to provide an unbiased medical opinion that reflects the current state of the art as of the date of the event. This means that they should not omit any relevant information to create an opinion that is more favorably disposed to either the plaintiff or defendant.

Experts should also thoroughly review relevant medical records and contemporary literature to in making an informed judgement. In some cases, experts may be called to make a deposition (sworn out-of court statement). These sessions can be intimidating, but they are an essential part of preparing for a trial. Your lawyer can help you prepare for these sessions and make sure that you are treated with respect.