9 Lessons Your Parents Taught You About Birth Injury Lawsuit

Birth Injury Litigation

Medical negligence during delivery or labor can lead to serious birth injuries for infants. These injuries can have a long-lasting impact on the child and their family.

A successful lawsuit can help with medical costs now and in the future along with lost wages and other damages. However it can take a long time to get.

Compensation

Despite amazing medical advances the risk of childbirth is still high. Babies and mothers expect doctors in attendance to behave with professionalism and avoid errors which could have long-lasting consequences. If you believe that the hospital or doctor was negligent in causing your baby's injury then you should contact a New York birth injuries lawyer to determine what legal options you have.

A successful claim for birth 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 instances juries and judge may also award punitive damages for egregious behavior.

Your attorney will work with a group of expert witnesses to determine what occurred and define the standard of care that is accepted. They will go through all of your records and birth injury lawsuit evaluate what the medical staff did during your delivery. This information can help build a strong argument and maximize your chances of success.

Typically, your lawyer will try to negotiate a settlement with the malpractice insurance company prior to filing an action. This would involve submitting a demand package, which includes a detailed account of your family's losses along with medical evidence that supports the claims. The malpractice insurer will then make an offer. If no settlement is reached, the case will go to trial.

Damages

The damages the plaintiff could be awarded can be either financial (such medical bills) or non-economic (such pain and suffering). In a majority of cases, juries award both. The amount of damages that the victim is awarded is determined by how the accident has affected them in addition to their past and future losses. Certain states also have restrictions on the amount an individual jury can award in non-economic damages.

In order to pursue compensation the case must prove that the defendant violated their duty of care. This is done by using medical records, expert testimony, and depositions. Medical experts are people who have been trained in a particular area of medicine. They review all evidence and can testify in court if needed. In cases involving birth injuries, an expert can help prove that the defendant acted against the standard of care expected from an expert in medicine with the same experience and training in the specific circumstances of the case.

In addition to medical experts, attorneys will conduct depositions of any person who might have an interesting story or insight. They are sworn, outside-of-court statements that allow attorneys to directly question witnesses about what transpired. Some depositions are conducted on the phone or through a video conferences, but the majority are held in the courtroom. These depositions can be difficult and stressful, but they are important in establishing a strong case and securing the most favorable compensation for clients.

Statute of Limitations

In New York, as in most states, medical malpractice claims must be filed within a statute of limitations window. Parents have two and a quarter years to file a lawsuit following the date of a negligent act, omission or omission that they believe caused the injuries of their child.

Your attorney can review your child's medical records to determine which obstetricians, nurses and other hospital personnel might have been involved in your son's or daughter's birth injury lawyers. The attorney will ask for any documents and information that pertains to the injuries of your child.

Your lawyer has to prove the case of malpractice by establishing that the defendant owed an obligation to your child and failed to provide the standard of care in similar circumstances. To establish this, your lawyer will collaborate with medical experts to analyze the medical professional's actions to accepted practices and procedures.

A lawyer can also help you identify witnesses who can testify about your case. They can provide an important insight into the decision-making process of the doctor and explain how a particular error or omission led to the birth injury to your child. This information can be utilized by your lawyer in support of your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child who is injured and the other for their parents.

Expert Witnesses

Families can be compensated for medical bills, lost wages from the absence of work Rehabilitation treatments and therapies and costs for long-term care with the right support. The key to winning a birth injury lawsuit is having the top experts available on your side.

These individuals can review the evidence and provide their professional opinion as to whether a medical professional violated their obligation of care by taking an action that could have resulted in an infant's injuries. They can explain difficult medical terms to make them easier for a judge or jury to comprehend.

The expert witness's job is to provide an unbiased medical opinion that reflects the current knowledge as of the date of the incident. This means they should not exclude relevant information in order to give a more favorable opinion for the plaintiff or the defendant.

Experts should also examine the relevant medical records as well as contemporaneous literature with sufficient thoroughness in order to form a sound opinion. In some instances experts could be required to provide an oath outside of court. These sessions can be a bit intimidating however they are an essential aspect of making an argument. Your attorney can help you prepare for these sessions and make sure that you are treated with respect.