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Birth Injury Litigation

Medical negligence during the delivery process or labor can lead to serious birth injuries to infants. These injuries can have a lasting impact on the child as well as their family.

A successful lawsuit can be used to pay for current and future medical expenses as well as loss of wages, and other damages. However it can take years to obtain.

Compensation

Despite the amazing medical advancements however, childbirth remains a risky procedure. Baby and mother expect doctors to behave professionally and avoid making mistakes that could have lasting consequences. If your baby suffered an injury that was due to the carelessness of a hospital or doctor, you may want to consult an New York birth injury lawyer to determine the legal recourses you have.

A successful claim for birth injuries results in financial compensation. This could include future and current medical expenses loss of earnings, emotional stress and many other damages. In some instances juries or judges could also award punitive damages for egregious conduct.

Your attorney will collaborate closely with network experts witnesses to determine what occurred and the standard of care you should expect. They will go through your records and review the actions of the medical personnel present during your delivery. This information will help build solid arguments and increase your chances for success.

Before bringing a lawsuit your lawyer will usually attempt to bargain with the malpractice insurer. This is done by the submission of a demand document, which includes a statement detailing your family's losses as well as the medical evidence that supports them. The malpractice insurance company will make an offer. If a settlement isn't reached, the case will go to trial.

Damages

The damages a plaintiff gets may be either financial (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases the jury awards both. The amount of the damages the victim is awarded will be determined by the extent to which the incident has affected their lives, as well as evidence of the past and future losses. Some states also set limitations on the amount a jury can award in non-economic damages.

To be able to seek compensation the case must prove that the defendant acted in breach of their duty of care. This is accomplished through the use of medical documents, expert witness testimony, and depositions. Medical experts are individuals who have specialized knowledge in a specific field of medicine. They scrutinize all evidence in the case, and testify at trial if needed. In cases involving birth injuries, the expert will prove that the defendant acted in a way that is not consistent with the standard of care expected from an expert in medicine with similar training and experience under the circumstances of the case.

Attorneys may also depose anyone who has a relevant 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 over the phone or through a video conference, but the majority are conducted in the courtroom. These conversations are often difficult and stressful, but are essential to building a strong case for clients and obtaining the best possible amount of compensation.

Statute of Limitations

Like most states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have two and one-half years from date of an act or omission to have caused their child's injury to pursue a lawsuit.

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 staff were involved in the birth of your daughter or son. He or she may then seek any relevant documents and other information that could help determine the cause of your child's injuries.

Your lawyer must prove that there was a breach of contract by establishing that the defendant was bound by obligations to your child and breached it by failing to provide the appropriate care in similar circumstances. To prove this, you attorney will collaborate with medical professionals in comparing the actions of the medical professional with accepted practices and procedures.

A lawyer can help find witnesses who will be able to testify in your case. These professionals can provide valuable information about the process of making decisions by a doctor and how an error or omission resulted in your child's birth injury lawsuit injuries. Your lawyer will then be able to use this evidence to prove your claim for compensation. A successful medical malpractice case involves two separate legal claims one for the child who was injured and the other for their parents.

Expert Witnesses

With the right assistance families can get compensation that covers medical bills and lost income due to time away from work as well as rehabilitative therapies and treatments in addition to the cost of long-term care. The most important factor to win the birth-injury lawsuit is having the most skilled expert witnesses on your side.

They can also review evidence and give their professional opinion on whether a medical professional has violated their duty of care by doing something which could have caused an infant's injury. They can simplify medical terms for juries or judge to understand.

The expert witness's role is to offer an objective medical opinion that is based on the current knowledge at the time of the event. This means that they cannot remove relevant information to provide a more favorable view for either the plaintiff or the defendant.

Experts should also study the relevant medical records as well as contemporaneous literature with sufficient depth to allow them to form a sound opinion. In certain cases, an expert may be asked to give a sworn statement outside of court. These sessions can be intimidating, but they are a necessary part of preparing for a case. Your attorney can help you prepare for these sessions and ensure that you are treated fairly.