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Birth Injury Litigation

Medical inattention during labor and delivery can result in serious birth injuries for infants. These injuries have a lasting impact on the infant and their family.

A successful lawsuit may help with medical costs now and in the future along with lost wages and other damages. A successful lawsuit may require years to obtain.

Compensation

Despite the amazing advances in medical technology, childbirth is still a risky procedure. Babies and mothers alike hope that doctors act with professionalism and avoid errors which could have lasting consequences. If your baby suffered an injury due to negligent actions of a doctor or hospital You may wish to speak with an New York birth injury lawyer to find out what legal recourses you have.

A successful claim for birth injuries results in financial compensation. This can be used to pay for future and current medical expenses loss of wages, emotional stress, and other potential areas of damage. In some instances, juries and judges may also award punitive damage for the most egregious of conduct.

Your attorney will work with a group of expert witnesses to discover what happened and establish the accepted standard of care. They will review all of your records and review the actions of your medical team during your delivery. This will help them make a convincing case and increase your chances of success.

Typically, your lawyer will try to negotiate a settlement with the malpractice carrier before filing a lawsuit. This will require you to submit a package of demands, which includes a detailed description of your family's losses as well as the medical evidence that supports them. The malpractice insurance company will respond with an offer. If a settlement cannot be reached, the lawsuit will go to trial.

Damages

The damages a plaintiff receives could be monetary (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases, juries award both. The amount of compensation an individual victim will be awarded is based on how the injury has affected them, as well as their past and future losses. Certain states limit the amount of non-economic damages that juries may determine.

In order to seek compensation, it must be proven that the defendant acted in breach of their duty of care. This is accomplished by a combination of medical documents as well as expert witness testimony and depositions. Medical experts are those who have specialized knowledge in a particular field of medicine. They examine all evidence and may testify in court if needed. In cases of birth injuries, the expert will be able to prove that the defendant's actions did not meet the standards of care expected of medical professionals with similar training and experience.

Attorneys can also depose anyone who has a relevant story or who has an unusual perspective. These are legally sworn statements which are not in court and permit attorneys to inquire about witnesses directly what transpired. Some depositions are conducted over the phone or via video conference, but the majority are conducted in the courtroom. These conversations can be difficult and stressful, but they are important to build a strong case and obtaining the best possible compensation for clients.

Statute of Limitations

Like many states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have two and one-half years from date of an act, omission or failure believed to cause the injury of their child to file a lawsuit.

Your attorney may review your child's medical records to determine which doctors, nurses, and other hospital staff may have been involved in your son or daughter's birth injury lawsuit. He or she will then seek any documents or details that relate to the injuries of your child.

In order to prove negligence, your lawyer must establish that the defendant owed your child a obligation and then violated this obligation in failing to comply with the standards of care required in similar circumstances. To prove this, you attorney will collaborate with medical professionals to evaluate the actions of the medical professional to accepted practices and procedures.

A lawyer can also help you identify witnesses and find them to testify on your behalf. These professionals can provide valuable insight into the process of making decisions by a doctor and what caused the birth injury lawsuits injury of your child. Your lawyer can then utilize the evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child who was injured as well as one for the parents of the child.

Expert Witnesses

Families can get compensation for medical expenses, lost wages resulting from absences from work, rehabilitation treatments and therapies as well as costs for long-term health care with the right support. The most important factor to win a birth-injury case is having the most qualified experts on your side.

They can look over the evidence and provide their professional opinions on whether a medical professional acted in breach of their duty of care when they performed an act which could have resulted in an infant's injury. They can simplify medical terms for a jury or judge to comprehend.

The objective of an expert witness is to offer an objective medical opinion that reflects the current state of knowledge as of the date of the event. This means they must not remove relevant information to create a more favorable view for either the plaintiff or the defendant.

Experts should also review the relevant medical records and contemporaneous literature with sufficient thoroughness in order to form a sound opinion. In some instances experts may be required to provide a sworn statement outside of court. These sessions are intimidating but they are an essential element of preparing for a case. Your attorney can prepare you for these sessions and ensure that you are treated with respect.