Medical mistakes during labor and delivery can result in serious birth injuries to infants. These injuries can have a long-lasting impact on the child as well as their family.
A successful lawsuit can pay for current and future medical expenses, lost wages and other damages. However it could take years to complete.
Compensation
Despite the latest medical advancements, childbirth can be risky. Both mothers and babies expect that doctors act in a professional manner and avoid errors that could have long-lasting consequences. If your baby suffered an injury due to negligence of a hospital or doctor you might want to contact an New York birth injury lawyer to find out what legal recourse you have.
A successful claim for birth injury attorneys-related injuries can result in financial compensation. This can include future and present medical costs and lost wages, emotional stress, and many other damages. In some cases juries or judges can also award punitive damages in the event of unacceptable conduct.
Your attorney will collaborate in conjunction with a network of experts witnesses to analyze 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 birth injury attorney. This will assist them to build a strong case to maximize your chances of success.
Typically your lawyer will attempt to negotiate a settlement with the malpractice insurer prior to filing an action. This is done by the submission of a demand Birth Injury Litigation document, that includes a report detailing your family's losses along with medical evidence to support the claims. The malpractice carrier will then respond with an offer. If a settlement isn't reached, the case will proceed to trial.
Damages
The damages that a plaintiff receives can be either economic (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases the jury awards both. The amount of the damages an individual victim receives will be determined by the extent to which the incident has affected their lives as well as evidence of their past and future losses. Some states restrict the amount of non-economic damages juries may determine.
To be able to seek compensation to recover compensation, it must be proved that the defendant acted in breach of their duty of care. This is done by the use of medical documents, expert testimony, and depositions. Medical experts are people who specialize in a particular field of medical practice. They examine all evidence in the case and testify in court if required. In birth injury cases the expert will establish that the defendant's actions fell outside the scope of care for medical professionals with similar training and experience.
Attorneys can also depose anyone with a pertinent story or has a unique insight. These are sworn, non-judgmental statements that permit attorneys to ask witnesses directly about what happened. Some depositions are conducted over the phone or via video conferences, but the majority are conducted in the courtroom. These conversations can be difficult and stressful but they are essential in building a strong case and securing the highest possible compensation for clients.
Statute of limitations
In New York, as in the majority of states, medical malpractice claims must be filed within the statute of limitations. Parents have two and one-half years from date of the act or omission believed to cause injury to their child to pursue a lawsuit.
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. They can seek any relevant documents and data that can aid in determining the cause of your child's injuries.
Your lawyer must prove that there was a breach of contract by establishing that the defendant was bound by a duty to your child and violated it by failing to provide the appropriate care in similar circumstances. To prove this, you attorney will work with medical professionals in comparing the actions of the medical professional to accepted practices and procedures.
A lawyer can also help you identify witnesses to testify about your case. They can provide valuable insight into the decision-making process of the doctor and how a particular mistake or omission contributed to the birth injury attorneys injury to your child. Your lawyer could then use this evidence to prove your claim for compensation. A successful medical malpractice case involves two separate legal claims: one for the child injured and one for the parents.
Expert Witnesses
Families can be compensated for medical expenses, lost wages due to time off work, rehabilitation treatments and therapies, and long-term care costs with the right assistance. The key to winning an injury case at birth injury case is having the most experienced experts as your witnesses.
They are able to review the evidence and provide a professional opinion about whether a medical professional violated their duty of care in carrying out an act that could have resulted in an infant's injury. They can simplify medical terms for a jury or judge to comprehend.
The role of an expert witness is to offer an objective medical opinion that reflects the current knowledge as of the date of the event. This means that they should not omit any relevant information in order to form a view that is more favorable to either the plaintiff or defendant.
Experts must also look over the relevant medical records and contemporaneous publications with enough depth to allow them to form an informed opinion. In some instances, experts may be called to give a deposition (sworn out-of-court statement). These sessions can be stressful but they are a crucial part of making for a trial. Your lawyer can prepare you for these sessions and make sure that you are treated fairly.
