11 Ways To Completely Sabotage Your Birth Injury Lawsuit

Birth Injury Litigation

Medical negligence during labor and birth can cause serious birth injuries for infants. These injuries can have a lasting effect on the child and their family.

A successful lawsuit may help pay for medical costs now and in the future along with lost wages and other damages. A successful lawsuit could take years to achieve.

Compensation

Despite the incredible medical advances however, childbirth remains an extremely risky process. Both mothers and babies expect that doctors act in a professional manner and avoid making mistakes which could have lasting consequences. If your baby was injured that was due to the carelessness of a hospital or doctor you might want to contact a New York birth injury lawyer to determine the legal options you have.

A successful claim for birth injury attorneys injuries can result in financial compensation. This can include current and future medical expenses loss of wages, emotional stress, and other damages that could be awarded. In certain instances juries or judges can also award punitive damages in the event of egregious conduct.

Your attorney will collaborate in conjunction with a network of experts witnesses to determine what occurred and define the accepted standard of care. They will go through all of your medical records and review what the medical professionals did during your birth. This will help them build a strong case to increase your chances of success.

Typically your lawyer will attempt to reach a settlement with the malpractice insurance company prior to filing a lawsuit. This will require submitting an agenda of demands that includes a comprehensive account of the losses your family has suffered and medical evidence to support the claims. The malpractice insurance company will respond with an offer. If there is no settlement the case will proceed to trial.

Damages

The damages that the plaintiff could be awarded are either economic (such medical bills) or not-economic (such the suffering and pain). In a majority of cases, juries decide to award both. The amount of compensation the victim will receive is determined by how the injury has affected them as well as their past and future losses. Some states also set limits on how much the jury can award in non-economic damages.

To be able to claim compensation, you must show that the defendant breached their duty of caring. This is accomplished through the use of medical documents, expert witness testimony, and depositions. Medical experts are those who have specialized in a certain area of medicine. They examine every piece of evidence and testify in court if needed. In cases involving birth injuries, the expert will help establish the defendant's actions fell outside the standard of care of an medical professional with similar training and experience.

Attorneys can also question anyone with a pertinent story or with an exclusive perspective. These are sworn, non-judgmental statements that permit attorneys to directly question witnesses about what transpired. Some depositions can be conducted over the telephone or via videoconference but the majority are conducted in the courtroom. These depositions can be difficult and stressful however they are crucial to build a strong case and securing the most favorable compensation for clients.

Statute of limitations

Like many states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and one-half years from date of an incident or omission to have caused their child's injury to make a claim.

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 of your son or daughter. They can request any relevant documents and data that can help determine the reason for your child's injuries.

Your lawyer must prove that there was a breach of contract by proving that the defendant was bound by an obligation to your child and failed to provide the standard of care under similar circumstances. To prove this, your lawyer will work with medical experts in comparing the actions of a medical professional with accepted practices and procedures.

A lawyer can also assist you to find witnesses to testify on your behalf. These professionals can provide valuable information about the decision-making process of a doctor and what caused your child's birth injuries. This information can be utilized by your lawyer to prove your claim for compensation. A successful medical malpractice case requires two distinct legal claims: one for the injured child and one for the parents.

Expert Witnesses

With the right assistance families can secure compensation that covers medical bills and lost income due to absence from work as well as rehabilitative therapies and treatments, as well as the costs of long-term care. The key to winning the birth-injury lawsuit is having the most experienced experts as your witnesses.

These individuals can review evidence and give their professional opinion on whether a medical professional violated their duty of care by performing an act that could have caused the injury of an infant. They can simplify medical terms for a jury or judge to understand.

An expert witness's role is to provide objective medical testimony that reflects the state of medical knowledge at the time of the event relevant to the case. This means they shouldn't remove relevant information to give a more favorable impression for either the plaintiff or defendant.

Experts must also read relevant medical records and current literature to enable them be able to make an informed judgment. In some cases experts may be required to make deposition (sworn out-of-court declaration). These sessions can be daunting, but they are an essential part of preparing for a case. Your lawyer can prepare you for these sessions and birth injury lawyer ensure that you are treated with respect.