Birth injury lawsuit Injury Litigation
Medical inattention during labor and delivery can cause serious birth injuries for infants. These injuries leave a lasting effect on the child and their family.
A successful lawsuit can help pay for future and present medical costs, loss of wages, and other damages. However, a successful lawsuit can take years to complete.
Compensation
Despite remarkable medical advances, childbirth can be risky. Both babies and mothers expect that doctors behave professionally and avoid blunders that could cause long-lasting damage. If you believe the hospital or doctor has been 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 include future and ongoing medical expenses loss of earnings, emotional stress and a variety of other damages. In some cases juries or judges could also award punitive damages in the event of unacceptable conduct.
Your attorney will collaborate closely with a network expert witnesses to determine what happened and the standard of care you should expect. They will go through your records and analyze the actions of the medical staff who were present during your delivery. This information will help you build an argument that is strong and increase your chances for success.
Before bringing a lawsuit, your lawyer will generally try to talk to the malpractice insurance company. This will require submitting an itemized list of demands that includes a comprehensive declaration of the losses suffered by your family and the medical evidence to justify them. The malpractice insurance company will make an offer. If no settlement is reached the case will go to trial.
Damages
The damages that a plaintiff receives may be either financial (such as medical bills) or non-economic (such as pain and suffering). In many cases juries award both. The amount of damages a victim will receive will depend on how the injury has affected them, and also their past and future losses. Certain states also have limits on how much the jury can award in non-economic damages.
To be able to seek compensation, you must show that the defendant has violated their duty of care. This is accomplished by combining medical evidence, expert testimony and depositions. Medical experts are individuals who have specialized knowledge in a specific field of medicine. They evaluate all evidence and may be able to testify in court, if needed. In cases involving birth injuries, the expert will prove that the defendant's actions were against the standard of care expected from a medical professional with the same experience and training in the specific circumstances of the case.
Attorneys can also depose anyone with a relevant story or who has an exclusive perspective. These are sworn, out-of-court statements that allow attorneys to question witnesses directly about what happened. Some depositions can be conducted via phone or by video conference, but the majority are conducted in court. These meetings can be challenging and stressful but they are essential in building a strong case and obtaining the best compensation for clients.
Statute of Limitations
Like most states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have a maximum of two and a half years to file a suit within the time frame of a wrongful act, omission, or omission that they believe caused their child's injuries.
Attorneys can look through the medical records of your child to determine which obstetricians nurses, and other hospital staff could have been involved in your son's or daughter's birth. They will seek any documents or information that pertains to the injuries of your child.
If you want to prove that there was a malpractice, your lawyer has to prove that the defendant was bound by a obligation and then violated this obligation by failing to adhere to the standards of care in similar circumstances. To prove this, your attorney will collaborate with medical experts in comparing the actions of the medical professional to accepted practices and procedures.
A lawyer can also assist you to identify and locate witnesses to testify in your case. These experts can provide an insight into the process used by doctors to make decisions and how a specific mistake or omission could have led to the
birth injury to your child. This information can be used by your lawyer to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child that was injured and the other for their parents.
Expert Witnesses
With the right assistance, families can obtain compensation to cover medical expenses, lost income from working hours taken off, rehabilitative treatments and therapies in addition to the costs of long-term health care. The key to winning a birth-injury case is having the best expert witnesses on your side.
These individuals are able to review the evidence and provide an expert opinion on whether a medical professional violated their duty of care by performing an act that could have caused an infant's injury. They can simplify medical terms for a jury or judge to understand.
The role of an expert witness is to give unbiased medical evidence that reflects the state of knowledge at the time of the incident in question. This means that they cannot exclude relevant information in order to give a more favorable view for either the plaintiff or defendant.
Experts should also thoroughly review relevant medical records as well as current research be able to make an informed judgment. In certain cases experts could be required to provide a sworn statement outside of the courtroom. These sessions can be a bit intimidating but they are a crucial part of the preparation of an argument. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.