Birth Injury Litigation
Medical mistakes during labor and delivery can result in serious birth injuries to infants. These injuries can have a lasting impact on the infant and their family.
A successful lawsuit may assist in paying for medical expenses now and in the future along with lost wages and other damages. A successful lawsuit may take years to achieve.
Compensation
Despite the amazing medical advancements however, childbirth remains an unwise procedure. Babies and mothers alike hope that doctors behave professionally and avoid errors that could result in long-lasting harm. If you believe that an institution or doctor is liable for the injury of your baby or harm, you should speak with a New York
birth injuries lawyer to determine the legal options you have.
If you're successful with your claim, you'll be awarded financial compensation. This can be used to pay for the medical costs of the present and future, lost wages, emotional distress and other areas that could cause damage. In certain cases juries and judge may also award punitive damages for unacceptable behavior.
Your attorney will collaborate closely with a network expert witnesses to determine what occurred and the accepted standard of care. They will go through your entire medical record and evaluate what the medical professionals did during your delivery. This will help to build strong arguments and increase your chances of success.
Typically your lawyer will attempt to negotiate a settlement with the malpractice carrier before filing a lawsuit. This is done by sending a demand packet, that includes a report detailing your family's losses as well as the medical evidence that supports them. The malpractice insurance company will make an offer. If a settlement isn't reached, the case will proceed to trial.
Damages
The damages a plaintiff gets may be either financial (such as medical bills) or non-economic (such as pain and suffering). In many cases juries decide to award both. The amount of damages that a victim will receive is based on how the injury has affected them as well as their past and future losses. Some states limit the amount of non-economic damages that a jury may award.
To pursue compensation the plaintiff must prove that the defendant breached their duty of care. This is done by combining medical documents, expert testimony, and depositions. Medical experts are individuals who have been trained in a certain area of medicine. They review all evidence in the case and are able to testify in court if required. In cases involving
birth injuries, the expert will be able to prove that the defendant's actions are not in the scope of care for medical professionals with similar training and experience.
In addition to medical experts, attorneys also interview anyone who has a relevant story or insight. These are sworn, non-judgmental statements that allow attorneys to ask witnesses directly about what transpired. Some depositions are conducted via telephone or via videoconference however, the majority are conducted in the courtroom. These discussions can be difficult and stressful, but they are essential to building a strong case for clients and to securing the highest possible amount of compensation.
Statute of limitations
In New York, as in the majority of states, medical malpractice claims must be filed within a time frame of a statute of limitations. Parents have two and two and a half years from date of an incident, omission or failure believed to have led to the injury of their child to pursue a lawsuit.
Your attorney can review the medical records of your child to determine if any obstetricians or nurses as well as other hospital personnel, were involved in the birth of your daughter or son. He or she may then seek any relevant documents and information that could help determine the reason for your child's injuries.
Your lawyer must establish the malpractice by proving that the defendant was bound by obligations to your child and violated it by failing to provide the standard of care under similar circumstances. To prove this, your attorney will collaborate with medical experts to compare the actions of the medical professional to accepted practices and procedures.
A lawyer can also assist you to identify witnesses to testify in your case. They can provide valuable information about the process used by doctors to make decisions and what caused your child's birth injuries. Your lawyer will then be able to use the evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child who was injured as well as one for the parents of the child.
Expert Witnesses
With the right assistance, families can obtain compensation for medical expenses and lost income due to time away from work as well as rehabilitative therapies and treatments, as well as the costs of long-term care. The most important factor to win the birth-injury lawsuit is having the best expert witnesses on your side.
They are able to look over evidence and provide a professional opinion on whether a medical professional acted in violation of their duty of care performing an act that could have caused an infant's injury. They can explain complicated medical terms to make them easier for a judge or jury to understand.
An expert witness's role is to provide unbiased medical evidence that reflects the current state of knowledge at the time of the incident that is being investigated. This means they must not omit any relevant information in order to form a view that is more favorably disposed to either the plaintiff or the defendant.
Experts should also examine the relevant medical records and contemporaneous literature with sufficient depth to enable them to form an informed opinion. In some cases experts may be required to provide deposition (sworn out-of-court declaration). These sessions can be daunting however they are an essential aspect of preparing an argument. Your attorney can help you prepare for these sessions and make sure that you are treated fairly.