Birth Injury Litigation

Medical negligence during delivery and labor can result in severe palmdale birth injury lawsuit injuries to infants. These injuries can have a long-lasting impact on the infant as well as their families.

A successful lawsuit can help pay for future and present medical costs as well as loss of wages, and other damages. A successful lawsuit may take a long time to complete.

Compensation

Despite amazing medical advances childbirth can be dangerous. Both babies and mothers expect that doctors act in a professional manner and avoid making mistakes that could cause long-lasting damage. If you think the hospital or doctor has been negligent in causing the injury to your baby or harm, you should speak with a New York pharr birth injury law firm injuries lawyer to determine what legal options you have.

If you're successful with your claim, you'll be awarded financial compensation. This can cover the current and future medical expenses and lost wages, emotional stress, and other potential areas of damage. In some instances juries and judge may also award punitive damages in the event of the most egregious of conduct.

Your attorney will collaborate with a network of expert witnesses to discover what happened and define the standard of care that is accepted. They will go through all your medical records and evaluate what the medical staff did during your delivery. This will help them create a strong case and maximize your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice company prior to filing a lawsuit. This will mean submitting an array of demands which includes a detailed description of your family's losses and the medical evidence that supports the claims. The malpractice insurance company will make an offer. If there is no settlement, the case will go to trial.

Damages

The damages a plaintiff gets could be monetary (such as medical bills) or non-economic (such as suffering and pain). In many cases, juries decide to award both. The amount of damages the victim will receive will depend on how the injury has affected them, as well as their previous and future losses. Certain states restrict the amount of non-economic damages juries may determine.

To be able seek compensation, you must show that the defendant violated their duty to care. This is accomplished through a combination of medical records, expert witness testimony, and depositions. Medical experts are individuals who are experts in a particular field of medicine. They examine all evidence in the case and can testify at trial, if needed. In birth injury cases the expert will help establish the defendant's actions fell outside the guidelines of medical professionals with similar experience and training.

Attorneys can also depose anyone with a pertinent story or has an unique perspective. These are sworn, non-judgmental statements that permit attorneys to question witnesses directly about what transpired. Depositions can be conducted via phone or by video conference however the majority of depositions are conducted in court. These conversations can be difficult and stressful but they are essential in establishing 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 time frame of a statute of limitations. Parents have a maximum of two and a half years to file a lawsuit after the date of a wrongful act, omission, or inaction that they believe caused the injuries of their child.

Your attorney can look over 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. He or she will then seek any documents or information related to the injury of your child.

Your lawyer must prove malpractice by proving that the defendant owed an obligation to your child and breached it by failing to provide the proper care in similar circumstances. To prove this, your attorney will collaborate with medical professionals in comparing the actions of the medical professional with accepted practices and procedures.

A lawyer can also help you identify witnesses and find them who can testify about your case. These experts can provide an insight into the process used by doctors to make decisions and how a specific error or birth injury omission could have led to your child's birth injury. Your lawyer will then be able to use the evidence to support your claim for compensation. A successful medical malpractice case requires two separate legal claims: one for the child injured and one for the parents.

Expert Witnesses

With the right help families can receive compensation to cover medical expenses as well as lost earnings due to time off from work rehabilitation and therapy and the cost of long-term medical care. The key to winning the birth-injury lawsuit is having the most qualified experts as your witnesses.

They can also review evidence and offer an expert opinion on whether a medical professional acted in violation of their duty of care by doing something which could have caused the injury of an infant. They can simplify medical terms for a jury or birth injury judge to understand.

The job of an expert witness is to provide impartial medical testimony that is based on the current state of knowledge at the time of the event in question. This means that they should not exclude any relevant facts to form a view that is more favorably disposed to either the plaintiff or the defendant.

Experts should also thoroughly review relevant medical records and recent research in making an informed judgement. In some cases, experts may be called to appear in deposition (sworn out-of court statement). These sessions can be daunting however they are an essential aspect of preparing a case. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.