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Birth Injury Litigation

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

A successful lawsuit can help pay for future and current medical costs, lost wages, and other damages. However it can take years to obtain.

Compensation

Despite the amazing advances in medical technology birth is still dangerous procedure. Both mothers and babies expect that doctors behave professionally and avoid making mistakes which could have lasting consequences. If you believe the hospital or doctor is liable for your baby's injury or harm, you should speak with a New York birth injury attorneys injuries lawyer to determine the legal options you have.

If you are successful in your claim, you'll receive financial compensation. This could include current and future medical expenses as well as lost earnings, emotional stress and other potential damages. In some instances, birth injury juries or judges may also award punitive damages in the event of the most egregious of conduct.

Your attorney will work closely with a network of expert witnesses to determine what took place and the accepted standard of care. They will go through your records and analyze the actions of the medical staff who were present during your delivery. This will assist them to build a strong case and maximize your chances of success.

Before bringing a lawsuit, your lawyer will generally try to bargain with the malpractice insurer. This is done by making a demand package which includes a statement detailing your family's losses along with medical evidence that supports the claims. The malpractice carrier will then respond with an offer. If a settlement isn't reached, the case will proceed to trial.

Damages

The damages a plaintiff can receive are either economic (such medical bill) or non-economic (such as suffering and pain). In many cases, juries award both. The amount of money the victim will receive is based on how the accident has affected them, as well as their past and future losses. Some states limit the amount of non-economic damages a jury may determine.

In order to pursue compensation the plaintiff must prove that the defendant breached their duty of care. This is accomplished through the use of medical records, expert witness testimony, and depositions. Medical experts are people who specialize in a particular area of medicine. They scrutinize all evidence and can testify in court if needed. In birth injury cases, experts will be able to prove that the defendant's actions fall outside of the standard of care for medical professionals with similar training and experience under the circumstances of the case.

Attorneys will also depose any person who has a story that is relevant, or who has an unusual perspective. These are sworn, out-of-court statements that permit attorneys to question witnesses directly about what transpired. Some depositions can be conducted via phone or via video conference, but the majority are conducted in court. These conversations are often difficult and stressful, yet they are essential in establishing a strong argument for clients and obtaining the highest possible amount of compensation.

Statute of Limitations

In New York, as in the majority of states, medical malpractice claims must be filed within the statute of limitations window. Parents have two and one-half years from date of an incident, omission or Birth injury failure believed to cause injury to their child to pursue a lawsuit.

Your attorney will be able to review the medical records of your child to determine whether any nurses or doctors along with other hospital staff were involved in the birth of your son or daughter. He or she will request any documents and information relevant to the injury of your child.

When proving misconduct, your lawyer needs to prove that the defendant owed your child a duty and breached this duty by failing to uphold the standards of care required in similar circumstances. To establish this, your lawyer will work with medical experts to analyze the medical professional's actions to accepted practices and procedures.

A lawyer can also help you identify and locate witnesses to testify in your case. These professionals can provide valuable information about a doctor's decision making process and how a mistake or omission resulted in your child's birth injuries. Your lawyer could then use this evidence to back up your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child who was injured and one for the parents.

Expert Witnesses

With the right assistance families can secure compensation to cover medical expenses, lost income from time off from work or rehabilitative therapies in addition to the cost of long-term medical care. But the key to successfully winning a birth injury attorneys injury case is having the top expert witnesses for your case.

These individuals can review the evidence and provide an expert opinion on whether a medical professional has violated their duty to care by doing something that could have caused injuries to 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 incident relevant to the case. This means they must not remove relevant information to provide a more favorable opinion for the plaintiff or defendant.

Experts should also carefully review relevant medical records as well as current literature to enable them be able to make an informed judgment. In some cases, experts may be called to appear in a deposition (sworn out-of-court declaration). These sessions can be a bit intimidating but they are an essential part of making a case. Your lawyer can prepare you for these sessions and make sure that you are treated with respect.