• 목록
• 답변
• 게시판 리스트 옵션
  • 수정
  • 삭제

birth injury lawsuits Injury Litigation

Medical inattention during labor and delivery can cause serious birth injuries for infants. These injuries can have a long-lasting impact on the child and their family.

A successful lawsuit could help pay for future and ongoing medical expenses, loss of wages, and other damages. However it could take years to obtain.

Compensation

Despite the amazing advances in medical technology birth is still an extremely risky process. Baby and mother expect the doctors who attend to act with professionalism and avoid errors that could result in permanent consequences. If your baby was injured that was caused by carelessness of a doctor or hospital you might want to contact an New York birth injury lawyer to determine the legal options you have.

A successful claim for birth injuries results in financial compensation. This could include current and future medical costs and lost wages, emotional stress and a variety of other damages. In some cases juries or judges could also award punitive damages for egregious conduct.

Your attorney will work closely with a network of expert witnesses to determine what occurred and the accepted standard of treatment. They will review your records and review the actions of the medical personnel who were present during your delivery. This information can help build a strong argument and maximize your chances of success.

Before bringing a lawsuit, your lawyer will usually attempt to bargain with the malpractice insurance company. This is done by making a demand package which includes a statement detailing your family's losses, as well as medical evidence that supports the claim. The malpractice insurer will then make an offer. If there is no settlement the case will go to trial.

Damages

The damages a plaintiff receives may be economic (such as medical bills) or non-economic (such as suffering and pain). In many cases, juries give both. The amount of the damages an individual victim receives will be based on the extent to which the injury has affected their life, as well as evidence of their past and future losses. Some states restrict the amount of non-economic damages that juries may award.

To be able to claim compensation, you must prove that the defendant did not fulfill their duty of caring. This is done by a combination of medical documents, expert witness testimony, and depositions. Medical experts are those who have been trained in a certain area of medicine. They examine all evidence and are able to testify in court if needed. In birth injury cases, the expert will prove that the defendant acted against the standard of care expected from a medical professional with the same training and experience in the particular case.

Attorneys may also depose anyone with a pertinent story, or who has an unique perspective. These are sworn out-of-court statements that permit attorneys to directly question witnesses about what happened. Depositions can be conducted over the phone or via video conference, however most are held in the courtroom. These meetings can be challenging and stressful however they are crucial in establishing a strong case and securing the most favorable compensation for clients.

Statute of Limitations

In New York, as in many states, medical negligence claims must be filed within the time frame of a statute of limitations. Parents have two and one-half years from date of an incident or omission to have led to the injury of their child to make a claim.

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

Your lawyer must establish the malpractice by proving that the defendant was bound by an obligation to your child and failed to provide the proper care in similar circumstances. To prove this, you lawyer will work with medical professionals to compare the actions of the medical professional to accepted practices and procedures.

A lawyer can also assist you to identify and locate witnesses to testify on your behalf. These experts can provide valuable insight into the doctor's decision-making process and how a specific error or omission contributed to your child's birth injury. Your lawyer will then be able to use this evidence to prove your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child injured and one for their parents.

Expert Witnesses

With the right assistance families can receive compensation for medical expenses, lost income from absence from work or rehabilitative therapies in addition to the cost of long-term care. The key to winning a birth injury case is having the best expert witnesses possible for your case.

These individuals are able to review evidence and provide a professional opinion on whether a medical professional has violated their duty of care performing an act 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 job is to provide an objective medical opinion that is based on the current knowledge at the time of the event. This means that they should not omit any relevant information to develop a view that is more favorably disposed to either the plaintiff or defendant.

Experts should also thoroughly review relevant medical records as well as current literature to be able to make an informed judgment. In some instances experts may be required to provide deposition (sworn out-of-court declaration). These sessions are intimidating but they are a crucial part of preparing for a case. Your attorney can help you prepare for these sessions and make sure that you are treated with respect.