10 Things That Your Family Teach You About Birth Injury Lawsuit
Birth Injury Litigation
Medical negligence during delivery and labor can cause severe birth injuries to infants. These injuries can have a lasting impact on the child as well as their family.
A successful lawsuit could help pay for current and future medical costs as well as loss of wages, and other damages. A successful lawsuit could take years to reach.
Compensation
Despite the remarkable medical advancements however, childbirth remains an extremely risky process. Babies and mothers alike hope that doctors act in a professional manner and avoid making mistakes that could cause long-lasting damage. If your baby suffered an injury due to negligent actions of a hospital or doctor you might want to contact an New York birth injury lawyer to determine the legal recourses you have.
If you're successful with your claim, you will receive financial compensation. This could include future and present medical expenses loss of wages, emotional stress, and other potential damages. In certain cases juries and judges could also award punitive damages for an act of adversity.
Your attorney will work closely with a network of expert witnesses to determine what took place and the accepted standard of treatment. They will review your medical records and analyze the actions of the medical personnel that was present during your birth. This information will help you build a strong argument and maximize your chances for success.
Typically, your lawyer will try to negotiate a settlement with the malpractice carrier before filing an action. This requires submitting an agenda of demands which will include a thorough description of your family's losses as well as the medical evidence to justify them. The malpractice insurance company will make an offer. If a settlement isn't reached, the lawsuit will go to trial.
Damages
The damages the plaintiff could be awarded are either economic (such a medical bill) or birth injury not-economic (such suffering and pain). In many cases, juries award both. The amount of damages an individual victim receives will be determined by the extent to which the injury has affected their life, and also the evidence of their past and future losses. Some states also place limitations on the amount the 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 accomplished by the use of medical records, expert testimony and depositions. Medical experts are people who are experts in a particular field of medical practice. They scrutinize all evidence and may be called in to testify in court if required. In birth injury cases, experts will be able to prove that the defendant acted in a way that is not consistent with the standard of care for an expert in medicine with the same experience and training in the particular case.
Attorneys will also depose any person who has a story that is relevant or has an exclusive perspective. They are sworn, outside-of-court statements that permit attorneys to ask witnesses directly about what happened. Some depositions can be conducted over the telephone or via videoconference however the majority of depositions are conducted in court. These conversations can be difficult and stressful but they are vital in establishing a strong argument and obtaining the best possible compensation for clients.
Statute of limitations
As in most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and one-half years from date of an incident or omission to cause the injury of their child to make a claim.
Your attorney will be able to review the medical records of your child to determine if any obstetricians or nurses and other hospital personnel were involved in the birth of your child or daughter. He or she may then request any relevant documents and information that could help determine the reason for your child's injuries.
In order to prove the misconduct, your lawyer needs to establish that the defendant was owed by your child a duty and breached this duty by failing to uphold the standards of care required in similar circumstances. To prove this, you attorney will work with medical professionals to evaluate the actions of the medical professional with accepted procedures and practices.
A lawyer can also assist you to identify witnesses and find them who can testify about your case. They can provide valuable insight into the decision-making process of the doctor and how a specific mistake or omission contributed to your child's birth injury lawyers injury. Your lawyer could then use this evidence to back up your claim for compensation. A successful medical malpractice claim involves two distinct legal claims: one for the child who was injured and one for the parents.
Expert Witnesses
Families can seek compensation for medical bills, lost wages from the absence of work therapy and rehabilitation as well as costs for long-term health care with the right assistance. The key to winning a birth injury lawyers injury case is having the top experts available on your side.
They will review the evidence and provide their professional opinion on whether a medical professional acted in breach of their duty of care by performing an act that could have resulted in the injuries of an infant. They can simplify medical terms for a jury or judge to comprehend.
The role of an expert witness is to provide objective medical testimony that is based on the state of knowledge at the time of the event that is in dispute. This means they shouldn't remove relevant information to provide a more favorable opinion for the plaintiff or defendant.
Experts should also study relevant medical records as well as current research in making an informed judgement. In certain cases experts could be required to provide an oath in court. These sessions can be intimidating however they are an essential element of preparing for a case. Your attorney can help prepare for these sessions and make sure that you are treated fairly.
