Birth Injury Litigation

Medical mistakes during labor and delivery can result in severe 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 future and ongoing medical costs as well as lost wages and other damages. However it could take years to obtain.

Compensation

Despite amazing medical advances childbirth can be dangerous. Mothers and babies alike expect that doctors will act professionally and avoid mistakes that could result in long-lasting harm. If your baby suffered an injury due to carelessness of a medical professional or hospital, you may want to contact a New York birth injury lawyer to see what legal recourses you have.

A successful claim for birth injuries results in financial compensation. This can cover current and future medical expenses loss of wages, emotional distress and other areas of damage. In some cases juries and judges could also award punitive damages for egregious behavior.

Your attorney will work closely with a network expert witnesses to determine what took place and the accepted standard of care. They will go through your records and review the actions of the medical staff present during your delivery. This will help them make a convincing case and maximize your chances of success.

Before bringing a suit, your lawyer is likely to attempt to negotiate with the malpractice insurer. This will mean submitting an array of demands that includes a comprehensive account of the losses your family has suffered and medical evidence that supports the claims. The malpractice insurance company will make an offer. If there is no settlement the case will proceed to trial.

Damages

The damages that a plaintiff receives could be monetary (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases the jury awards both. The amount of money the victim is awarded is based on how their injury has affected them as well as their past and future losses. Some states restrict the amount of non-economic damages juries can award.

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 a combination of medical documents as well as expert witness testimony and depositions. Medical experts are individuals who have specialized in a specific area of medical practice. They review all evidence and can appear in court if they are required. In birth injury cases, the expert will establish that the defendant's actions fell outside the standards of care expected of an expert in the field with similar experience and training.

Attorneys will also depose any person who has a story that is relevant or who has an unique perspective. These are sworn, out-of-court statements that allow attorneys to inquire directly with witnesses about what happened. Some depositions are conducted over the phone or via video conferences, but the majority are held in a courtroom. These meetings can be challenging and stressful but they are vital to build a strong case and obtaining the best compensation for clients.

Statute of limitations

In New York, as in many states, medical negligence claims must be filed within the timeframe of. Parents have a maximum of two and a quarter years to file a suit within the time frame of a wrongful act, omission, or omission that they believe caused their child's injuries.

Your attorney may review your child's medical records to determine which obstetricians nurses, and other hospital staff could have been involved in your son's or daughter's birth. They can request any relevant documents and other information that could help determine the cause of the injuries to your child.

Your lawyer must establish the malpractice by establishing that the defendant owed a duty to your child and breached it by failing to provide the proper care under similar circumstances. To demonstrate this, Ogdensburg Birth Injury Law Firm your attorney will work with medical experts in comparing the actions of the medical professional to accepted practices and procedures.

A lawyer can also assist you to identify and locate witnesses who can testify about your case. They can provide valuable insight into the process used by doctors to make decisions and explain how a particular error or omission could have led to your child's Ogdensburg Birth Injury Law Firm injury. Your lawyer will then be able to use the evidence to support your claim for compensation. A successful medical malpractice case involves two separate legal claims one for the child who is injured and one for their parents.

Expert Witnesses

Families can receive compensation for medical bills, lost wages from absences from work therapy and rehabilitation as well as long-term care expenses with the right support. The most important factor to win a birth-injury case is having the best expert witnesses on your side.

These individuals are able to review the evidence and provide an expert opinion on whether a medical professional acted in violation of their duty of care by doing something which could have caused injuries to an infant. They can explain complicated medical terms to make them easier for judges or jury to comprehend.

The expert witness's job is to offer an objective medical opinion that is reflective of the current state of knowledge as of the date of the incident. This means they must not eliminate relevant information to provide a more favorable perspective for either the plaintiff or defendant.

Experts should also study relevant medical records and contemporary research be able to make an informed judgment. In certain cases experts may be required to give deposition (sworn out-of court statement). These sessions can be daunting, but they are a necessary part of preparing for a trial. Your lawyer can help you prepare for these sessions and ensure that you are treated fairly.