Birth Injury Litigation
Medical negligence during the delivery process and labor can result in serious
birth injuries for infants. These injuries leave a lasting impact on the infant and their family.
A successful lawsuit can aid in the payment of medical expenses now and in the future, lost wages, and other damages. A successful lawsuit could require years to obtain.
Compensation
Despite the remarkable medical advancements birth is still a risky procedure. Baby and mother expect doctors on hand to behave with professionalism and avoid errors which could have long-lasting consequences. If you believe that a doctor or hospital is liable for the injury to your baby or harm, you should speak with a New York birth injuries lawyer to determine what legal options you have.
A successful claim for
birth injury attorneys injuries can result in financial compensation. This could include future and ongoing medical costs, lost wages, emotional stress, and other damages that could be awarded. In some cases juries or judges could also award punitive damages in the event of unacceptable conduct.
Your attorney will work with a team of experts witnesses to understand what happened and define the accepted standard of care. They will go through your records and analyze the actions of the medical personnel that was present during your birth. This information will help them create a strong case and increase your chances of success.
Typically, your lawyer will try to negotiate a settlement with the malpractice carrier before filing a lawsuit. This involves submitting a demand package, which includes a detailed account of your family's losses as well as the medical evidence to support the claims. The malpractice insurer will then make an offer. If there is no settlement, the case will go to trial.
Damages
The damages that the plaintiff could be awarded are either economic (such medical bills) or non-economic (such s suffering and pain). In a majority of cases, juries decide to award both. The amount of damages that the victim will receive is based on how their injury has affected them, as well as their previous and future losses. Some states also place limits on the amount that a jury can award in non-economic damages.
To be able to seek compensation the plaintiff must prove that the defendant acted in breach of their duty of care. This is done through the use of medical records as well as expert witness testimony and depositions. Medical experts are people with specialized knowledge in a particular field of medicine. They scrutinize all evidence in the case and can testify in court if required. In birth injury cases the expert will help establish the defendant's actions are not in the standard of care of an medical professional with similar experience and training.
Attorneys can also question any person who has a story that is relevant or who has an exclusive perspective. These are sworn statements that are made outside of court and permit attorneys to ask witnesses directly what transpired. Some depositions are conducted on the phone or through a video conference, but most are held in the courtroom. These depositions are often challenging and stressful, yet they are essential in establishing a strong argument for clients and to securing the highest possible compensation.
Statute of Limitations
In most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and a quarter years to file a suit after the date of a mistake, 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 personnel might have played a role in your daughter or son's birth. He or she will then request any documents or details that relate to the injuries of your child.
In order to prove the malpractice, your lawyer has to establish that the defendant owed your child a obligation and violated that duty in failing to comply with the standard of care under similar circumstances. To prove this, you attorney will work with medical professionals in comparing the actions of the medical professional with accepted procedures and practices.
A lawyer can also help you identify witnesses to testify about your case. They can provide valuable insight into the process of making decisions by a doctor and the way in which an error or omission caused your child's birth injuries. 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 who has been injured and one for the parents.
Expert Witnesses
With the right assistance families can get compensation to cover medical expenses, lost income from working hours taken off or rehabilitative therapies in addition to the costs of long-term care. But the key to successfully winning a
birth injury lawsuit injury case is having the best expert witnesses possible on your side.
They can also review evidence and give their professional opinion on whether a medical professional acted in violation of their duty of care by performing an act that could have resulted in an infant's injury. They can simplify medical terms for a jury or judge to understand.
An expert witness's job is to provide unbiased medical testimony that is based on the state of medical knowledge at the time of the incident relevant to the case. This means they must not omit any relevant information to create a view that is more favorable to either the plaintiff or defendant.
Experts should also carefully review relevant medical records and contemporary literature to be able to make an informed judgment. In certain cases experts may be required to make deposition (sworn out-of-court declaration). These sessions can be a bit intimidating but are an important part of making an argument. Your attorney can assist you prepare for these sessions and make sure that you are treated fairly.