The 9 Things Your Parents Taught You About Birth Injury Lawsuit
Birth Injury Litigation
Medical negligence during delivery and labor could result in severe birth injuries for infants. These injuries can have a long-lasting impact on the child as well as their families.
A successful lawsuit could help pay for future and current medical costs, lost wages and other damages. However, a successful lawsuit can take years to obtain.
Compensation
Despite amazing medical advances childbirth can be dangerous. Babies and mothers alike hope that doctors behave professionally and avoid blunders that could have long-lasting consequences. If you believe that a doctor or hospital has been negligent in causing the injury of your baby and/or death, you should consult a New York birth injuries lawyer to determine the legal options you have.
A successful claim for birth injuries results in financial compensation. This can include future and present medical expenses, lost wages, emotional stress and many other damages. In some instances juries or judge may also award punitive damages in the event of unacceptable conduct.
Your attorney will collaborate with a team of experts witnesses to discover what happened and define the accepted standard of care. They will look over your medical records and review the actions of the medical staff who were present during your delivery. This information will help them create a strong case and maximize your chances of success.
Typically, your lawyer will try to reach a settlement agreement with the malpractice company prior to filing a lawsuit. This would involve submitting a demand package, that includes a report detailing your family's losses and the medical evidence that supports the claim. The malpractice insurer will then make an offer. If a settlement isn't reached, the lawsuit 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, juries will award both. The amount of compensation an individual victim will be awarded is based on how the injury has affected them, as well as their past and future losses. Certain states restrict the amount of non-economic damages that juries may decide to award.
To be able to seek compensation, you must prove that the defendant did not fulfill their duty of caring. This is accomplished through a combination of medical documents, expert witness testimony, and depositions. Medical experts are individuals with specialized knowledge in a specific area of medicine. They review all evidence in the case, and testify in court if required. In cases of birth injuries, an expert can help prove that the defendant's actions fall outside of the standard of care for an expert in medicine with the same experience and training in the specific circumstances of the case.
In addition to medical experts, attorneys will conduct depositions of any person who has an important story or insight. These are sworn declarations that are made outside of court and permit lawyers to inquire of witnesses directly what happened. Some depositions are conducted over the phone or by video conference, but the majority are held in court. These discussions can be stressful and stressful however they are crucial in establishing a strong argument and securing the most favorable compensation for clients.
Statute of Limitations
Like many states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and two and a half years from date of the act or omission to cause the injury of their child to file a lawsuit.
Your attorney can review the medical records of your child to determine whether any nurses or obstetricians along with other hospital staff, were involved in the birth injury lawyer of your son or daughter. The attorney will request any documents and information that pertains to the injuries of your child.
Your lawyer must prove malpractice by establishing that the defendant owed obligations to your child and violated it by failing to provide the proper care under similar circumstances. To prove this, your attorney will work with medical professionals to compare the actions of the medical professional to accepted practices and procedures.
A lawyer can help you find witnesses who will testify in your case. These professionals can give valuable insight into the process used by doctors to make decisions and how a specific mistake or omission caused the birth injury suffered by your child. This information can be used by your lawyer in support of your claim for compensation. A successful medical malpractice lawsuit involves two distinct legal claims: one for the injured child and one for the parents.
Expert Witnesses
With the right help families can secure the compensation they need to pay medical bills, lost income from absence from work or rehabilitative therapies in addition to the cost of long-term medical care. But the key to successfully winning a birth injury lawsuit is having the most experienced expert witnesses on your side.
They will review the evidence and give their professional opinion about whether a medical professional violated their duty of care when they performed an action that could have caused an infant's injuries. They can simplify medical terms for a jury or judge to understand.
The job of an expert witness is to provide unbiased medical testimony that is based on the state of knowledge at the time of the event in question. This means that they should not exclude any relevant information to develop an opinion that is more favorable to either the plaintiff or defendant.
Experts should also examine the relevant medical records and contemporaneous research with sufficient detail to enable them to form an informed opinion. In some instances, an expert may be required to provide a sworn statement outside of court. These sessions can be daunting but they are a crucial part of preparing for a case. Your attorney can assist you prepare for these sessions and make sure that you are treated with respect.