Birth Injury Litigation

Medical mistakes during labor and delivery can result in severe surfside birth injury lawsuit injuries to infants. These injuries can have a long-lasting impact on the infant and their family.

A successful lawsuit can be used to pay for future and present medical expenses, lost wages, and other losses. However, a successful lawsuit can take years to complete.

Compensation

Despite the incredible medical advances birth is still dangerous procedure. Babies and mothers alike hope that doctors will act professionally and avoid blunders which could have lasting consequences. If you believe the doctor or hospital is liable for your baby's injury, you should contact a New York birth injuries lawyer to determine what legal options you have.

If you're successful in your claim, you will be awarded financial compensation. This can include future and current medical costs and lost wages, emotional stress and other damages that could be awarded. In some instances juries and judges could also award punitive damages for an act of adversity.

Your attorney will work in conjunction with a network of experts witnesses to understand what happened and establish the standard of care that is accepted. They will look over your medical records and review the actions of the medical professionals that was present during your mississippi birth injury lawsuit. This information will help build an argument that is strong and increase your chances for success.

Typically your lawyer will attempt to reach a settlement with the malpractice insurer prior to filing a lawsuit. This will require submitting an array of demands which will include a thorough statement outlining your family's losses and medical evidence to justify them. The malpractice insurance company will respond with an offer. If no settlement is reached, the lawsuit will go to trial.

Damages

The damages plaintiffs can be awarded can be either financial (such medical bills) or non-economic (such as pain and suffering). In a majority of cases, juries award both. The amount of compensation the victim will receive is based on how their injury has affected them as well as their previous and future losses. Certain states restrict the amount of non-economic damages juries may determine.

In order to pursue compensation, it must be proven that the defendant violated their duty of care. This is accomplished through a combination of medical records as well as expert witness testimony and depositions. Medical experts are individuals who have specialized knowledge in a specific field of medical practice. They examine all evidence and can be able to testify in court, if needed. In cases of birth injuries, the expert will be able to prove that the defendant's actions did not meet the standard of care of an medical professional with similar experience and training.

Attorneys may also depose anyone who has a relevant story or with an unique perspective. These are sworn declarations made outside of court that permit attorneys to inquire about witnesses directly what transpired. Depositions can be conducted over the phone or by video conference, but the majority are held in the courtroom. These depositions can be difficult and stressful but they are essential in building a strong case and securing the highest possible compensation for clients.

Statute of limitations

In most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and one-half years from date of the act or omission believed to cause injury to their child to file a lawsuit.

Your attorney can review the medical records of your child to determine whether any obstetricians or nurses along with other hospital personnel were involved in the birth of your son or daughter. They will ask for any documents and information that pertains to the injuries of your child.

If you want to prove that there was a negligence, your lawyer must prove that the defendant was responsible for your child's obligation, and oak creek birth injury lawsuit then breached it by failing to meet the standard of care under similar circumstances. To prove this, you attorney will collaborate with medical professionals to analyze the actions of the medical professional to accepted practices and procedures.

An attorney can help you locate witnesses to provide testimony in your case. These experts can provide valuable insight into the process used by doctors to make decisions and explain how a particular error or omission caused the birth injury to your child. Your lawyer can then use the evidence to support your claim for compensation. A successful medical malpractice lawsuit involves two separate legal claims: one for the child injured and one for parents.

Expert Witnesses

Families can be compensated for medical expenses, lost wages resulting from time off work therapy and rehabilitation as well as costs for long-term health care with the right support. However, the key to winning a birth injury lawsuit is having the most experienced expert witnesses to be on your side.

These individuals are able to review evidence and give their professional opinion on the extent to which a medical professional breached their duty of care performing an act that could have resulted in the injury of an infant. They can simplify medical terms for juries or judge to understand.

The expert witness's role is to provide an objective medical opinion that is reflective of the current knowledge as of the date of the incident. This means they shouldn't remove relevant information to give a more favorable view for either the plaintiff or defendant.

Experts should also carefully review relevant medical records and recent literature to make an informed decision. In some cases, experts may be called to appear in deposition (sworn out-of-court declaration). These sessions can be intimidating however 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.