portola valley birth injury lawyer Injury Litigation

Medical mistakes 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 may help with medical costs now and in the future in the future, lost wages, and other damages. A successful lawsuit can take years to achieve.

Compensation

Despite the amazing medical advancements however, childbirth remains dangerous procedure. Babies and mothers alike hope that doctors act with professionalism and avoid making mistakes that could cause long-lasting damage. If your baby suffered an injury that was caused by negligent actions of a medical professional or hospital, you may want to speak with a New York birth injury lawyer to see what legal recourse you have.

If you're successful with your claim, you will be awarded financial compensation. This could include future and ongoing medical costs and lost wages, emotional stress, and a variety of other damages. In some instances juries and judges could also award punitive damages in the event of unacceptable behavior.

Your attorney will work closely with a network of expert witnesses to determine what took place and the accepted standard of treatment. They will go through all of your medical records and evaluate the actions taken by medical personnel during your delivery. This will assist them to build a strong case and maximize your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice carrier before filing an action. This will require you to submit an itemized list of demands that includes a full description of your family's losses and medical evidence to back the claims. The malpractice insurance company will make an offer. If a settlement isn't reached, the case will proceed to trial.

Damages

The damages plaintiffs can be awarded are either economic (such a medical bills) or not-economic (such s suffering and pain). In many cases, juries award both. The amount of damages that a victim will receive is based on how their accident has affected them, as well as their past and future losses. Some states also set limits on the amount that a jury can award for non-economic damages.

To be able to seek compensation the case must prove that the defendant violated their duty of care. This is done by the use of medical records as well as expert witness testimony and depositions. Medical experts are individuals who have specialized in a certain area of medicine. They examine every piece of evidence and testify in court if needed. In birth injury cases, the expert will prove that the defendant's actions were beyond the standards of care expected from an expert in medicine who has the same education and experience in the particular case.

In addition to medical experts, attorneys can also take the depositions of anyone who has an interesting story or insight. These are sworn out-of-court statements that allow attorneys to question witnesses directly about what transpired. Some depositions are conducted via the phone or through a video conference, however most are held in a courtroom. These conversations are often difficult and stressful, yet they are essential to constructing a convincing case for clients and obtaining the highest possible amount of compensation.

Statute of Limitations

Like most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and two-and-a-half years from the date of an act, omission or failure believed to cause injury to their child to make a claim.

Your attorney will be able to review the medical records of your child to determine whether any nurses or obstetricians, as well as other hospital personnel were involved in the birth of your son or daughter. He or she will then ask for any documents and information relevant to the injury of your child.

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

An attorney can help you locate witnesses to be available to testify in your case. These experts can provide valuable information about the process of making decisions by a doctor and what caused the tustin Birth injury law firm injuries of your child. This evidence can be used by your lawyer to prove your compensation claim. A successful medical malpractice case involves two separate legal claims, one for the child who is injured and one for their parents.

Expert Witnesses

Families can get compensation for medical bills, lost wages from working hours therapy and rehabilitation as well as costs for long-term health care with the right help. But the most important thing to winning a birth injury case is having the most experienced experts available to be on your side.

They are able to look over evidence and give their professional opinion on whether a medical professional has violated their duty to care by performing an act that could have led to an infant's injury. They can explain difficult medical terms to make them easier for a judge or jury to comprehend.

The role of an expert witness is to provide objective medical evidence that reflects the state of medical knowledge at the time of the event that is in dispute. This means that they cannot remove relevant information to give a more favorable perspective for either the plaintiff or defendant.

Experts should also thoroughly review relevant medical records and current literature to to form an informed opinion. In some instances experts could be asked to give a deposition (sworn out-of-court statements). These sessions can be daunting, but they are a necessary part of preparing for a case. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.