Birth Injury Litigation

Medical negligence during labor and delivery can result in serious birth injuries for infants. These injuries can have a lasting impact on the child as well as their family.

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

Compensation

Despite the amazing medical advancements yet, childbirth is an extremely risky process. Babies and mothers expect doctors in attendance to act with professionalism and avoid making mistakes which could have long-lasting consequences. If you suspect that the hospital or doctor was negligent in causing the injury to your baby then you should contact a New York Audubon Birth injury attorney injuries lawyer to determine the legal options you have.

If you're successful with your claim, you'll be awarded financial compensation. This can cover the medical costs of the present and future, lost earnings, emotional distress, and other areas of damage. In some cases juries and judge may also award punitive damages for egregious behavior.

Your attorney will work in conjunction with a network of experts witnesses to discover what happened and establish the accepted standard of care. They will review all of your records and examine what the medical professionals did during your birth injury law firm. This will help to build an argument that is strong and increase your chances for success.

Typically, your lawyer will try to reach a settlement with the malpractice carrier before filing an action. This will involve sending a demand packet, which includes a statement detailing your family's losses as well as the medical evidence that supports the claims. The malpractice company will respond with an offer. If no settlement is reached, the case will go to trial.

Damages

The damages plaintiffs may be awarded can be either financial (such medical bill) or non-economic (such as suffering and pain). In a lot of cases the jury awards both. The amount of damages a victim will receive is determined by how the accident 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 pursue compensation the plaintiff must prove that the defendant acted in breach of their duty of care. This is done by a combination of medical documents and expert witness testimony and depositions. Medical experts are individuals who are knowledgeable in a specific area of medicine. They examine all evidence in the case and can testify at trial if needed. In cases of birth injuries, an expert can help prove that the defendant's actions were against the standard of care expected from a medical professional who has the same education and experience under the circumstances of the case.

In addition to medical experts, attorneys will interview anyone who might have an interesting story or insight. These are legally sworn statements that are made outside of court and permit lawyers to inquire of witnesses directly what happened. Some depositions can be conducted over the phone or by video conference however the majority of depositions are conducted in court. These conversations can be difficult and stressful but they are vital in establishing a strong case and securing the highest possible compensation for birth injury clients.

Statute of limitations

Like many states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and two and a half years from date of an incident or omission that is believed to cause injury to their child to bring a lawsuit.

Your attorney can look over the medical records of your child to determine whether any obstetricians or nurses along with other hospital staff were involved in the birth of your son or daughter. He or she will ask for any documents and details that relate to the injuries of your child.

Your lawyer must prove malpractice by establishing that the defendant was bound by an obligation to your child and breached it by failing 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 practices and procedures.

A lawyer can also help you identify and locate witnesses to testify on your behalf. These professionals can provide valuable insight into the process used by doctors to make decisions and what resulted in your child's birth injuries. This evidence can be utilized by your lawyer in support of your compensation claim. A successful medical malpractice case involves two separate legal claims one for the child who was injured and one for their parents.

Expert Witnesses

With the right assistance families can secure compensation that covers medical bills and lost income due to absence from work as well as rehabilitative therapies and treatments, as well as the cost of long-term care. The most important factor to win the birth injury law firm-injury lawsuit is having the best expert witnesses on your side.

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

The expert witness's job is to provide an unbiased medical opinion that reflects the current knowledge at the time of the event. This means they must not exclude any relevant information to develop an opinion that is more favorable to either the plaintiff or defendant.

Experts must also read relevant medical records and recent literature to enable them in making an informed judgement. In certain instances experts may be required to make a sworn statement outside of court. These sessions can be intimidating however they are an essential element of preparing for a case. Your attorney can assist you prepare for these sessions and make sure that you are treated fairly.