Birth Injury Litigation

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

A successful lawsuit can aid in the payment of medical expenses now and in the future, lost wages, and other damages. However, a successful lawsuit can take years to complete.

Compensation

Despite remarkable medical advances childbirth can be dangerous. Babies and mothers expect doctors in attendance to behave professionally and avoid errors that could result in permanent consequences. If you suspect that a doctor or hospital is liable for your baby's injury then you should contact a New York birth injuries lawyer to determine what legal options you have.

If you win your claim, you will receive financial compensation. This can be used to pay for future and current medical expenses, lost wages, emotional distress and other areas of damage. In some cases juries and judges can also award punitive damage for egregious behavior.

Your attorney will collaborate closely with a network of expert witnesses to determine what transpired and the standard of care that is accepted. They will go through all your medical records and analyze the actions of your medical team during your delivery. This information will help them build a strong case to maximize your chances of success.

Typically, your lawyer will try to negotiate a settlement with the malpractice carrier before filing an action. This will mean submitting an agenda of demands that includes a comprehensive statement outlining your family's losses as well as the medical evidence to back the claims. The malpractice insurance company will respond with an offer. If no settlement is reached, the lawsuit will go to trial.

Damages

The damages that a plaintiff can receive can be monetary (such medical bill) or non-economic (such s pain and suffering). In many cases, juries will award both. The amount of the 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 also have restrictions on the amount the jury can award in non-economic damages.

To be able to seek compensation, you must prove that the defendant violated their duty to care. This is done by using medical records, expert testimony, and depositions. Medical experts are those who are knowledgeable in a specific field of medicine. They scrutinize 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 were outside of the standard of care expected from medical professionals with the same training and experience under the circumstances of the case.

In addition to medical experts, attorneys can also interview anyone who might have an important story or insight. These are sworn statements delivered outside of court that allow attorneys to ask witnesses directly what transpired. Depositions can be conducted over the phone or through a video conference, but the majority are held in a courtroom. These discussions can be difficult and stressful but are crucial to constructing a convincing case for clients and obtaining the best possible compensation.

Statute of limitations

Like most states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have two and two-and-a-half years from the date of an incident or omission that is believed to have led to the injury of their child to make a claim.

Your attorney will be able to review the medical records of your child to determine whether any nurses or doctors and other hospital staff were involved in the birth of your child or daughter. They can request any relevant documents and data that can help determine the reason for your child's injuries.

Your lawyer must prove malpractice by proving that the defendant was bound by the child a duty and breached it by failing to provide the required care under similar circumstances. To demonstrate this, your attorney will collaborate with medical experts to compare the medical professional's actions to accepted practices and procedures.

An attorney can help you identify witnesses who can provide testimony in your case. These experts can provide valuable insight into the process used by doctors to make decisions and how a specific error or omission could have led to the strasburg birth injury law firm injury of your child. Your lawyer will then be able to use this evidence to back up your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child who was injured and another for their parents.

Expert Witnesses

With the right assistance families can secure compensation to cover medical expenses, lost income from absence from work or rehabilitative therapies as well as the costs of long-term health care. However, the key to winning a minneola birth injury lawyer injury case is having the top experts on your side.

These individuals can review evidence and provide a professional opinion on whether a medical professional acted in violation of their duty of care by performing an act which could have caused the injury of an infant. They can simplify medical terms for juries or judge to comprehend.

The role of an expert witness is to provide objective medical testimony that reflects the state of medical knowledge at the time of the event relevant to the case. This means that they should not exclude any relevant information to create an opinion that is more favorably disposed to either the plaintiff or the defendant.

Experts should also study relevant medical records as well as current literature to to form an informed opinion. In certain cases experts could be asked to make deposition (sworn out-of court statement). These sessions can be daunting but they are a crucial part of preparing for a trial. Your attorney can help you prepare for these sessions and ensure that you are treated with respect.