Birth Injury Litigation

Medical inattention during labor and delivery can cause serious birth injuries to infants. These injuries can have a long-lasting impact on the child as well as their families.

A successful lawsuit can be used to pay for future and ongoing medical costs, loss of wages, and other damages. A successful lawsuit may take a long time to complete.

Compensation

Despite the amazing medical advancements birth is still an extremely risky process. Both mothers and babies expect that doctors behave professionally and avoid mistakes which could have lasting consequences. If you believe a doctor or hospital was negligent in causing your baby's injury or harm, you should speak with a New York birth injuries lawyer to determine what legal options you have.

A successful claim for birth-related injuries can result in financial compensation. This can cover future and current medical expenses, lost wages, emotional distress and other potential areas of damage. In some cases juries and judges could also award punitive damages in the event of egregious behavior.

Your attorney will work in conjunction with a network of experts witnesses to discover what happened and establish the accepted standard of care. They will go through your records and analyze the actions of the medical staff that were present during your delivery. This information will help them create a strong case and maximize your chances of success.

Typically, your lawyer will try to reach a settlement with the malpractice insurer prior to filing a lawsuit. This is done by sending a demand packet, which will include a written statement of your family's losses, as well as medical evidence that supports the claims. The malpractice insurer will then make an offer. If a settlement is not reached, the case will go to trial.

Damages

The damages that plaintiffs can be awarded are either economic (such a medical bills) or not-economic (such as pain and suffering). In many cases, juries award both. The amount of damages a victim receives will be determined by the degree to which the accident has affected their lives, and also the evidence of their past and future losses. Some states restrict the amount of non-economic damages a jury may decide to award.

In order to be eligible for compensation, you must show that the defendant violated their duty of care. This is accomplished by the use of medical records, expert testimony, and depositions. Medical experts are those who are experts in a certain area of medical practice. They examine all evidence in the case and birth injuries testify in court if required. In cases of birth injuries, the expert will help establish the defendant's actions fell outside the guidelines of an medical professional with similar training and experience.

In addition to medical experts, attorneys will conduct depositions of any person who may have relevant information or a story to share. These are sworn out-of-court statements that allow attorneys to inquire directly with witnesses about what happened. Some depositions are conducted via the phone or through a video conference, but the majority are conducted in the courtroom. These meetings are often stressful and stressful but are crucial to building a strong case for clients and obtaining the maximum possible amount of compensation.

Statute of limitations

Like many states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have a maximum of two and a half years to file a lawsuit within the time frame of a mistake, omission or failure that they believe caused the injuries of their child.

Your attorney can look over the medical records of your child to determine if any obstetricians or nurses and other hospital staff, were involved in the birth of your child or daughter. They will seek any documents or information that pertains to the injuries of your child.

Your lawyer must prove malpractice by establishing that the defendant owed an obligation to your child and violated it by failing to provide the standard of care in similar circumstances. To prove this, you attorney will collaborate with medical professionals in comparing the actions of the medical professional to accepted practices and procedures.

A lawyer can help you locate witnesses to testify in your case. They can provide valuable insight into a doctor's decision making process and how an error or omission resulted in your child's del rio birth injury lawyer injuries. This evidence can be used by your lawyer in support of your compensation claim. A successful medical malpractice case requires two distinct legal claims one for the child who has been injured and another for the parents.

Expert Witnesses

With the right help families can receive the compensation they need to pay medical bills and lost income due to working hours taken off rehabilitation and therapy in addition to the costs of long-term health care. The key to winning the birth-injury lawsuit is having the most experienced experts on your side.

They are able to review the evidence and provide their professional opinions on whether a medical professional acted in breach of their duty of care by performing an act which could have resulted in the injuries of an infant. They can simplify medical terms for a jury or judge to comprehend.

The objective of an expert witness is to offer an objective medical opinion that is reflective of the current knowledge at the time of the incident. This means that they should not omit any relevant information to create an opinion that is more favorable to either the plaintiff or the defendant.

Experts should also examine the relevant medical records and contemporaneous literature with sufficient depth to allow them to form a sound opinion. In certain cases experts may be required to provide deposition (sworn out-of-court declaration). These sessions can be a bit intimidating but they are a crucial part of making for a trial. Your attorney can assist you prepare for birth injuries these sessions and make sure that you are treated with respect.