Birth Injury Litigation

Medical negligence during the delivery process and labor could result in severe birth injuries to infants. These injuries leave a lasting impact on the infant and their family.

A successful lawsuit could help pay for future and present medical costs, lost wages and other damages. A successful lawsuit could require years to obtain.

Compensation

Despite remarkable medical advances, childbirth can be risky. Mothers and babies expect doctors on hand to behave professionally and avoid errors that could result in permanent consequences. If your baby suffered an injury caused by the carelessness of a doctor or hospital you might want to consult a New York birth injury lawyer to determine what legal options you have.

If you are successful in your claim, you'll be awarded financial compensation. This can include future and present medical costs, lost wages, emotional stress and other damages that could be awarded. In some instances juries or judges can also award punitive damages in the event of the most egregious of conduct.

Your attorney will collaborate with a network of expert witnesses to determine what occurred and define the accepted standard of care. They will look over your medical records and examine the actions of the medical team that were present during your delivery. This information will help you build an argument that is strong and increase your chances of success.

Before bringing a lawsuit, your lawyer will typically attempt to talk to the malpractice insurance company. This requires submitting a package of demands, that includes a comprehensive account of the losses your family has suffered and the medical evidence to support them. The malpractice carrier will then respond with an offer. If there is no settlement, the case will go to trial.

Damages

The damages plaintiffs may be awarded can be either financial (such a medical bills) or not-economic (such suffering and pain). In a majority of cases the jury awards both. The amount of damages a victim will receive will depend on how the accident has affected them in addition to their past and future losses. Some states restrict the amount of non-economic damages juries can determine.

In order to seek compensation to recover compensation, it must be proved that the defendant violated their duty of care. This is accomplished by the use of medical documents, expert witness testimony, and depositions. Medical experts are individuals who are experts in a specific area of medicine. They review all evidence in the case and can testify at trial if necessary. In cases involving barnwell birth injury law firm injuries, the expert will establish that the defendant's actions were outside the scope of care for an medical professional with similar experience and training.

In addition to medical experts, attorneys can also take the depositions of anyone who may have an interesting story or insight. These are sworn statements made outside of court that permit attorneys to inquire about witnesses directly what transpired. Some depositions can be conducted over the phone or by video conference, but the majority are held in court. These depositions are often challenging and stressful, but they are essential to constructing a convincing case for clients and to securing the highest 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 a half years to file a lawsuit after the date of the negligent act, omission or omission that they believe caused the injuries of their child.

Attorneys can look through the medical records of your child to determine which obstetricians nurses and other hospital personnel may have been involved in your son or daughter's forest grove birth injury lawsuit. He or she can then seek any relevant documents and information that may help identify the cause of your child's injuries.

Your lawyer must prove malpractice by proving that the defendant was bound by an obligation to your child and breached it by failing to provide the proper care under similar circumstances. To prove this, your lawyer will collaborate with medical experts to analyze the actions of the medical professional to accepted practices and procedures.

A lawyer can also assist you to identify witnesses and find them to testify in your case. These professionals can provide valuable insight into the decision-making process of a doctor and how an error or omission resulted in your child's birth injuries. This information can be used by your lawyer in support of your claim for compensation. A successful medical malpractice claim involves two separate legal claims: one for the child injured and one for the parents.

Expert Witnesses

Families can receive compensation for medical expenses, lost wages resulting from the absence of work, rehabilitation treatments and therapies as well as long-term care expenses with the right support. But the most important thing to winning a birth injury lawsuit is having the most experienced expert witnesses possible on your side.

They can look over the evidence and provide a professional opinion about whether a medical professional has violated their duty of care when they performed an action that could have led to 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 offer an objective medical opinion that is based on the current state of the art as of the date of the event. This means they should not ignore relevant information in order to present a favorable impression for either the plaintiff or the defendant.

Experts should also review the relevant medical records and contemporaneous research with sufficient detail so that they can form an informed opinion. In some instances experts may be required to make a deposition (sworn out-of-court statements). These meetings can be stressful however they are an essential part of preparing for a trial. Your lawyer can prepare you for these sessions and make sure that you are treated with respect.