9 . What Your Parents Teach You About Birth Injury Lawsuit

Birth Injury Litigation

Medical inattention during labor and delivery can cause serious birth injuries to infants. These injuries can have a lasting impact on the infant and their family.

A successful lawsuit may aid in the payment of medical expenses now and in the future along with lost wages and other damages. A successful lawsuit could take years to achieve.

Compensation

Despite the incredible medical advances birth is still a risky procedure. Both babies and mothers expect that doctors act with professionalism and avoid making mistakes that could result in long-lasting harm. If your baby was injured caused by the negligent actions of a hospital or doctor, you may want to contact a New York birth injury lawyer to determine what legal recourse you have.

If you are successful in your claim, you'll receive financial compensation. This could include future and current medical costs and lost earnings, emotional stress and other potential damages. In some instances juries and judge may also award punitive damages in the event of egregious behavior.

Your attorney will work with a network of expert witnesses to analyze what happened and establish the standard of care that is accepted. They will go through all of your records and examine what the medical staff did during your birth. This will help them build a strong case and increase your chances of success.

Typically your lawyer will attempt to reach a settlement with the malpractice insurance company prior to filing an action. This will involve making a demand package which includes a statement detailing your family's losses and the medical evidence to support the claim. The malpractice insurer will then make an offer. If a settlement isn't reached, the case will proceed to trial.

Damages

The amount of damages a plaintiff is awarded may be economic (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases, juries award both. The amount of damages that a victim will receive is based on how their injury has affected them and also their past and future losses. Certain states restrict the amount of non-economic damages that juries can award.

In order to be eligible for compensation, you must show that the defendant violated their duty to care. This is accomplished through a combination of medical records as well as expert witness testimony and depositions. Medical experts are individuals with specialized knowledge in a particular area of medical practice. They scrutinize all evidence in the case, and testify at trial if needed. In birth injury cases, the expert will help establish that the defendant's actions were outside of the standard of care for a medical professional with similar training and experience under the circumstances of the case.

Attorneys will also depose anyone who has a relevant story or with an unique perspective. These are sworn statements which are not in court and permit attorneys to inquire about witnesses directly what happened. Some depositions are conducted over the phone or via video conference, but most are conducted in the courtroom. These conversations are often difficult and stressful, but are essential to establishing a strong case for clients and obtaining the best possible compensation.

Statute of limitations

In New York, as in most states, medical malpractice claims must be filed within a statute of limitations. Parents have two and a half years from the date of the act or omission that is believed to have led to the injury of their child to make a claim.

Your attorney may review the medical records of your child to determine which obstetricians, nurses and other hospital staff might have played a role in your daughter or son's birth. The attorney will request any documents and information related to the injury of your child.

Your lawyer has to prove the case of malpractice by establishing that the defendant was bound by the child a duty and failed to provide the required care in similar circumstances. To prove this, you lawyer will work with medical professionals in comparing the actions of the medical professional with accepted procedures and practices.

A lawyer can also help you find witnesses to testify in your case. They can provide an important insight into the process used by doctors to make decisions and how a specific error or omission caused your child's birth injury attorneys injury. Your lawyer can then utilize this evidence to support your claim for compensation. A successful medical malpractice case involves two separate legal claims: one for the child injured and Birth Injury one for the parents.

Expert Witnesses

With the right assistance families can receive the compensation they need to pay medical bills, lost income from time away from work, rehabilitative treatments and therapies in addition to the costs of long-term health care. However, the key to winning a birth injury case is having the top expert witnesses possible to be on your side.

These individuals are able to review evidence and provide a professional opinion on the extent to which a medical professional breached their duty to care by doing something which could have caused the injury of an infant. They can simplify medical terms for juries or judge to understand.

An expert witness's role is to provide unbiased medical evidence that reflects the state of knowledge at the time of the incident that is in dispute. This means they must not eliminate relevant information to create a more favorable impression for either the plaintiff or the defendant.

Experts must also read relevant medical records and recent research to form an informed opinion. In some instances experts could be asked to give deposition (sworn out-of-court declaration). These sessions are intimidating however they are an essential element of preparing for a trial. Your lawyer can help you prepare for these sessions and ensure that you are treated fairly.