9 . What Your Parents Taught You About Birth Injury Lawsuit

Birth Injury Litigation

Medical negligence during labor and birth can result in severe birth injuries to infants. These injuries have a lasting impact on the infant and their family.

A successful lawsuit could help pay for future and ongoing medical costs as well as lost wages, and other losses. However it could take years to complete.

Compensation

Despite the amazing advances in medical technology birth is still a risky procedure. Babies and mothers expect doctors to behave with professionalism and avoid mistakes that could result in permanent consequences. If you believe an institution or doctor was negligent in causing the injuries to your baby and/or death, you should consult a New York birth injury lawsuit injuries lawyer to determine what legal options you have.

If you win your claim, you will be awarded financial compensation. This can include future and ongoing medical expenses as well as lost wages, emotional stress, and other damages that could be awarded. In some cases juries and judges could also award punitive damages for unacceptable behavior.

Your attorney will collaborate with a group of expert witnesses to discover what happened and define the standard of care that is accepted. They will go through your entire medical record and examine the actions taken by medical personnel during your delivery. This information will help build a strong argument and maximize your chances of success.

Before bringing a lawsuit your lawyer will typically attempt to bargain with the malpractice insurance company. This will mean submitting an array of demands which includes a detailed statement outlining your family's losses and the medical evidence to support the claims. The malpractice insurance company will make an offer. If a settlement isn't reached, the case will proceed to trial.

Damages

The damages that a plaintiff receives may be either financial (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases the jury awards both. The amount of damages that a victim will receive will depend on how the injury has affected them as well as their past and future losses. Certain states restrict the amount of non-economic damages juries can decide to award.

In order to seek compensation, it must be proven that the defendant breached their duty of care. This is done by the use of medical records, expert witness testimony, and depositions. Medical experts are those who are experts in a particular field of medicine. They review every piece of evidence and appear in court if they are required. In cases involving birth injuries, the expert will determine if the defendant's actions are not in the guidelines of medical professionals with similar training and experience.

Attorneys can also question any person who has a story that is relevant or who has an unusual perspective. They are sworn, outside-of-court statements that allow attorneys to ask witnesses directly about what happened. Some depositions can be conducted via telephone or via videoconference however, the majority are held in the courtroom. These conversations are often difficult and stressful, but they are essential in establishing a strong argument for clients and obtaining the highest possible compensation.

Statute of Limitations

In New York, as in many states, medical negligence claims must be filed within a statute of limitations window. Parents have two and one-half years from date of an act or omission that is believed to have caused their child's injury to file a lawsuit.

Attorneys can look through your child's medical records to determine which doctors, nurses and other hospital personnel may have been involved in your son or daughter's birth. He or she can then request any relevant documents and other information that could help determine the cause of your child's injuries.

In order to prove the negligence, your lawyer must prove that the defendant was responsible for your child's obligation and then violated this obligation by failing to adhere to the standard of care in similar circumstances. To prove this, you lawyer will work with medical professionals to compare the actions of the medical professional with accepted procedures and practices.

A lawyer can help you locate witnesses to testify in your case. These professionals can provide valuable information about a doctor's decision making process and what caused the birth injury of your child. This evidence can be used by your lawyer to justify your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child that was injured as well as one for the parents of the child.

Expert Witnesses

With the right support families can receive compensation that covers medical bills and Birth lost income due to time off from work or rehabilitative therapies, as well as the cost of long-term care. But the key to successfully winning a birth injury case is having the top expert witnesses to be on your side.

They are able to look over evidence and offer an expert opinion on whether a medical professional violated their duty of caring by doing something that could have led to an infant's injury. They can simplify medical terms for a jury or judge to comprehend.

The expert witness's role is to offer an objective medical opinion that is reflective of the current knowledge at the time of the event. This means they must not omit any relevant information in order to form a view that is more favorably disposed to either the plaintiff or the defendant.

Experts should also review the relevant medical records and contemporaneous research with sufficient detail so that they can form an informed opinion. In some instances, experts may be called to make deposition (sworn out-of court statement). These sessions can be stressful but they are an essential part of preparing for a trial. Your attorney can assist you prepare for these sessions and ensure that you are treated fairly.