Birth Injury Litigation

Medical mistakes during labor and delivery can cause serious birth injuries to infants. These injuries leave a lasting effect on the child and their family.

A successful lawsuit could help pay for future and current medical costs as well as loss of wages, and other damages. A successful lawsuit could require years to obtain.

Compensation

Despite the latest medical advancements the risk of childbirth is still high. Babies and mothers expect doctors on hand to act with professionalism and avoid errors that could have lasting consequences. If you believe that the hospital or doctor has been negligent in causing the injuries 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-related injuries can result in financial compensation. This can include future and current medical costs and lost wages, emotional stress, and other potential damages. In certain cases juries and judges could also award punitive damage for unacceptable behavior.

Your attorney will work closely with a network of expert witnesses to determine what happened and the standard of care you should expect. They will review all of your records and analyze the actions of your medical team during your greenacres birth injury attorney. This information will help build an argument that is strong and increase your chances of success.

Typically your lawyer will attempt to reach a settlement with the malpractice insurer prior to filing a lawsuit. This requires submitting an itemized list of demands that includes a full declaration of the losses suffered by your family and the medical evidence that supports the claims. The malpractice insurer will then make an offer. If a settlement is not reached, the lawsuit 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 the jury awards both. The amount of damages a victim will receive is determined by how the injury has affected them and also their past and future losses. Certain states also have limitations on the amount a jury can award in non-economic damages.

To be able to seek compensation to recover compensation, it must be proved that the defendant breached their duty of care. This is accomplished by the use of medical records and expert witness testimony and depositions. Medical experts are those who specialize in a specific area of medical practice. They scrutinize all evidence in the case and testify at trial, if needed. In cases of clute birth injury attorney injuries, an expert can help prove that the defendant acted outside of the standard of care expected from medical professionals with the same experience and training in the specific circumstances of the case.

Attorneys can also depose anyone with a pertinent story or has an unique perspective. These are legally sworn statements that are made outside of court and permit lawyers to inquire of witnesses directly what happened. Some depositions are conducted via phone or by video conference however the majority of depositions are conducted in court. These depositions can be difficult and stressful but they are essential to build a strong case and securing the highest possible compensation for clients.

Statute of Limitations

Like most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and two-and-a-half years from the date of an act or omission to have caused their child's injury to file a lawsuit.

Attorneys can look through the medical records of your child to determine which doctors, nurses and other hospital personnel might have been involved in your son or daughter's birth. The attorney will seek any documents or details that relate to the injuries of your child.

In order to prove the negligence, your lawyer must prove that the defendant owed your child a obligation, and then breached it in failing to comply with the standards of care in similar circumstances. To prove this, your lawyer will collaborate with medical experts in comparing the medical professional's actions with accepted practices and procedures.

A lawyer can also help you identify and locate witnesses who can testify about your case. These professionals can give valuable insight into the decision-making process of the doctor and how a specific mistake or omission contributed to the birth injury of your child. This information can be used by your lawyer to prove your compensation claim. A successful medical malpractice case involves two distinct legal claims one for the child who was injured and one for parents.

Expert Witnesses

Families can seek compensation for medical bills, lost wages from working hours therapy and rehabilitation and costs for long-term care with the right support. However, the key to winning a birth injury lawsuit is having the top expert witnesses possible on your side.

These individuals are able to review evidence and offer an expert opinion on the extent to which a medical professional breached their duty of care by doing something that could have led to the injury of an infant. They can explain complicated medical terms to make them easier for a judge or jury to understand.

The role of an expert witness is to provide an unbiased medical opinion that reflects the current state of knowledge at the time of the incident. This means they must not exclude any relevant facts to form a view that is more favorable to either the plaintiff or the defendant.

Experts must also read relevant medical records and current literature to enable them make an informed decision. In certain instances, an expert may be required to make an oath outside of court. These sessions can be stressful but they are a crucial part of making an argument. Your lawyer can help you prepare for these sessions and make sure that you are treated with respect.