Birth Injury Litigation

Medical negligence during the delivery process and labor can cause serious birth injuries for infants. These injuries leave a lasting impact on the infant and their family.

A successful lawsuit can help pay for future and current medical costs as well as lost wages, and other damages. A successful lawsuit could take years to achieve.

Compensation

Despite the amazing advances in medical technology, childbirth is still an unwise procedure. Both babies and mothers expect that doctors behave professionally and avoid blunders that could cause long-lasting damage. If your baby was injured that was caused by carelessness of a hospital or doctor you might want to consult a New York birth injury lawyer to find out what legal recourse you have.

If you are successful in your claim, you will be awarded financial compensation. This can be used to pay for current and future medical expenses as well as lost earnings, emotional distress, and other potential areas of damage. In certain cases juries or judge may also award punitive damages for the most egregious of conduct.

Your attorney will collaborate closely with a network of expert witnesses to determine what happened and the accepted standard of treatment. They will go through your records and review the actions of the medical team that were present during your delivery. This information will help you build solid arguments and increase your chances of success.

Typically, your lawyer will try to negotiate a settlement with the malpractice insurer prior to filing an action. This requires submitting a package of demands, that includes a comprehensive description of your family's losses and medical evidence to back them. The malpractice insurer will respond with an offer. If there is no settlement the case will go to trial.

Damages

The damages a plaintiff receives may be either financial (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases the jury awards both. The amount of damages that a victim will receive is determined by how the accident has affected them as well as their past and future losses. Certain states limit the amount of non-economic damages that juries may award.

To be able to seek compensation, you must show that the defendant violated their duty of care. This is accomplished by the use of medical records as well as expert witness testimony and depositions. Medical experts are individuals who are experts in a specific area of medical practice. They examine all evidence and can be able to testify in court, if needed. In cases of sidney birth injury law firm injuries, the expert will help establish that the defendant acted against the standard of care expected from an expert in medicine with the same experience and training in the case's circumstances.

Attorneys can also question anyone with a relevant story or who has an exclusive perspective. These are sworn declarations which are not in court and permit lawyers to inquire of witnesses directly what happened. Some depositions can be conducted over the phone or via video conference, but the majority are conducted in court. These conversations are often difficult and stressful, but are essential to establishing a strong case for clients and obtaining the maximum possible amount of compensation.

Statute of limitations

In 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 to have caused their child's injury to file a lawsuit.

Your attorney may review the medical records of your child to determine whether any obstetricians or nurses and other hospital personnel, were involved in the juneau birth injury lawsuit of your child or daughter. They will request any documents and information that pertains to the injuries of your child.

Your lawyer must establish the malpractice by proving that the defendant was bound by the child a duty and failed to provide the proper care in similar circumstances. To prove this, you attorney will collaborate with medical professionals in comparing the actions of the medical professional with accepted procedures and practices.

A lawyer can also assist you to identify witnesses and find them to testify on your behalf. These professionals can give an important insight into the decision-making process of the doctor and how a specific mistake or omission led to the birth injury to your child. Your lawyer can then use this evidence to back up your claim for compensation. A successful medical malpractice case requires two separate legal claims: one for the child injured and one for the parents.

Expert Witnesses

With the right support families can secure compensation that covers medical bills and lost income due to working hours taken off as well as rehabilitative therapies and treatments and the cost of long-term medical care. The key to winning a birth-injury case is having the best experts as your witnesses.

They can look over the evidence and give their professional opinion about whether a medical professional violated their duty of care when they performed an act which could have resulted in injuries to an infant. They can simplify medical terms for juries or judge to understand.

The objective of an expert witness is to give an impartial medical opinion that is based on the current knowledge at the time of the event. This means they shouldn't eliminate relevant information to create a more favorable perspective for either the plaintiff or defendant.

Experts should also carefully review relevant medical records and current literature to enable them make an informed decision. In some cases experts may be required to give an oath in the courtroom. These sessions can be daunting, but they are a crucial part of preparing for a case. Your attorney can help you prepare for these sessions and ensure that you are treated fairly.