9 . What Your Parents Taught You About Birth Injury Lawsuit
Birth Injury Litigation
Medical negligence during delivery or labor can lead to serious birth injury lawsuits injuries to infants. These injuries can have a lasting impact on the infant and their family.
A successful lawsuit may help with medical costs now and in the future, lost wages, and other damages. A successful lawsuit can take years to achieve.
Compensation
Despite the incredible medical advances however, childbirth remains a risky procedure. Parents and their babies expect doctors on hand to behave professionally and avoid making mistakes that could have lifelong consequences. If you think an institution or doctor has been negligent in causing your baby's injury then you should contact a New York birth injury lawsuit injuries lawyer to determine what legal options you have.
If you're successful with your claim, you will receive financial compensation. This could include future and ongoing medical costs and lost wages, emotional stress and other damages that could be awarded. In certain instances, juries or judges may also award punitive damages in the event of egregious conduct.
Your attorney will work closely with network experts witnesses to determine what transpired and the standard of care you should expect. They will look over your medical records and examine the actions of the medical team present during your delivery. This information will help them build a strong case and maximize your chances of success.
Before filing a lawsuit, your lawyer is likely to attempt to bargain with the malpractice insurance company. This is done by submitting a demand package, which includes a statement detailing your family's losses as well as the medical evidence that supports the claims. The malpractice insurance company will make an offer. If a settlement is not reached, the case will proceed to trial.
Damages
The damages that plaintiffs can be awarded are either economic (such a medical bills) or not-economic (such the pain and suffering). In many cases juries award both. The amount of damages a victim will receive will depend on how the injury has affected them in addition to their past and future losses. Some states restrict the amount of non-economic damages a jury may determine.
In order to seek compensation, it must be proven that the defendant did not fulfill their duty of care. This is accomplished by the use of medical documents and expert witness testimony and depositions. Medical experts are individuals with specialized knowledge in a specific area of medical practice. They examine all evidence and may testify in court if needed. In cases of birth injuries, the expert will prove that the defendant's actions fall beyond the standards of care for a medical professional who has the same education and experience in the specific circumstances of the case.
Attorneys can also depose anyone with a relevant story or has an unusual perspective. These are legally sworn statements which are not in court and permit lawyers to inquire of witnesses directly what happened. Some depositions are conducted via the phone or via video conference, but most are held in a courtroom. These meetings can be challenging and stressful but they are essential in establishing a strong case and securing the most favorable compensation for clients.
Statute of limitations
As in most states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have two and a half years from the date of the act or omission believed to have caused their child's injury to pursue a lawsuit.
Your attorney can review the medical records of your child to determine whether any obstetricians or nurses as well as other hospital staff were involved in the birth of your child or daughter. The attorney will request any documents or information related to the injury of your child.
Your lawyer must prove malpractice by establishing that the defendant was bound by the child a duty and breached 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 with accepted procedures and practices.
A lawyer can help you identify witnesses who can testify in your case. These experts can provide valuable information about a doctor's decision making process and the way in which an error or omission caused the birth injury of your child. The evidence could be used by your lawyer to support your compensation claim. A successful medical malpractice case involves two separate legal claims one for the child injured and one for their parents.
Expert Witnesses
With the right assistance families can receive the compensation they need to pay medical bills and lost income due to absence from work or rehabilitative therapies, as well as the cost of long-term medical care. But the most important thing to winning a birth injury case is having the best expert witnesses for your case.
These individuals are able to review evidence and give their professional opinion on whether a medical professional has violated their duty of care by doing something that could have resulted in an infant's injury. They can simplify medical terms for a jury or judge to understand.
The role of an expert witness is to offer an objective medical opinion that reflects the current state of knowledge as of the date of the event. This means they must not exclude relevant information in order to give a more favorable opinion for the plaintiff or the defendant.
Experts should also study relevant medical records and current literature to make an informed decision. In some cases experts could be asked to appear in deposition (sworn out-of-court statement). These sessions can be intimidating but 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.