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Birth Injury Litigation

Medical negligence during delivery or labor can lead to serious birth injuries to infants. These injuries can have a long-lasting impact on the infant and their family.

A successful lawsuit can help pay for future and ongoing medical costs, lost wages and other damages. However, a successful lawsuit can take a long time to get.

Compensation

Despite amazing medical advances the risk of childbirth is still high. Both mothers and babies expect that doctors will act professionally and avoid making mistakes that could have long-lasting consequences. If you suspect that the doctor or hospital is liable for the injuries to your baby and/or death, you should consult a New York birth injuries lawyer to determine the legal options you have.

A successful claim for birth injury lawyer-related injuries can result in financial compensation. This can cover current and future medical expenses loss of wages, emotional stress, and other areas of damage. In some instances juries and judges can also award punitive damages in the event of unacceptable behavior.

Your attorney will work closely with network experts witnesses to determine what happened and the standard of care that is accepted. They will review all your medical records and review what the medical staff did during your delivery. This will help them make a convincing case and increase your chances of success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice company prior to filing a lawsuit. This would involve making a demand package which includes a detailed account of your family's losses as well as the medical evidence to support them. The malpractice insurer will respond with an offer. If a settlement is not reached, the lawsuit will go to trial.

Damages

The damages that the plaintiff could be awarded can be monetary (such medical bill) or non-economic (such as pain and suffering). In many cases, juries award both. The amount of damages the victim is awarded will be based on the extent to which the injury has impacted their life, as well as evidence of their past and future losses. Certain states restrict the amount of non-economic damages juries may decide to award.

In order to pursue compensation the case must prove that the defendant violated their duty of care. This is done by mixing medical documents, expert testimony, and depositions. Medical experts are people who have been trained in a specific area of medical practice. They evaluate all evidence in the case, and testify at trial if necessary. In cases of birth injuries, the expert will be able to prove that the defendant's actions did not meet the guidelines of a medical professional of similar training and experience.

Attorneys may also depose anyone with a relevant story or has an unique perspective. These are legally sworn statements made outside of court that permit attorneys to inquire about witnesses directly what transpired. Depositions can be conducted over the phone or through a video conference, but most are conducted in the courtroom. These depositions are often challenging and stressful, but 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 many states, medical negligence claims must be filed within the statute of limitations. Parents have two and one-half years from date of an incident or omission that is believed to have caused their child's injury to file a lawsuit.

Your attorney can look over the medical records of your child to determine if any obstetricians or nurses along with other hospital staff were involved in the birth of your daughter or son. He or she can then seek any relevant documents and information that could help identify the cause of your child's injuries.

Your lawyer must establish the malpractice by proving that the defendant was bound by the child a duty and breached it by failing to provide the standard of care in similar circumstances. To prove this, you lawyer will work with medical professionals to compare the actions of the medical professional with accepted practices and procedures.

An attorney can help you locate witnesses to provide testimony in your case. These professionals can provide valuable insight into the process of making decisions by a doctor and how an error or omission resulted in your child's birth injuries. Your lawyer can then use this evidence to support your claim for compensation. A successful medical malpractice lawsuit involves two distinct legal claims one for the child injured and one for parents.

Expert Witnesses

Families can be compensated for medical bills, lost wages from working hours as well as rehabilitation therapies and treatments as well as costs for long-term health care with the right help. The key to winning a birth injury lawsuit is having the most experienced experts to be on your side.

They are able to review the evidence and offer a professional opinion about whether a medical professional acted in breach of their duty of care by performing an action that could have resulted in an infant's injury. They can explain difficult medical terms to make them easier for a judge or jury to comprehend.

The expert witness's role is to offer an objective medical opinion that is reflective of the current state of the art as of the date of the incident. This means they should not exclude relevant information in order to give a more favorable opinion for the plaintiff or the defendant.

Experts should also study the relevant medical records as well as contemporaneous literature with sufficient thoroughness in order to form a sound opinion. In some instances experts could be asked to make a deposition (sworn out-of court statement). These sessions can be daunting but they are a necessary part of preparing for a case. Your lawyer can prepare you for these sessions and make sure that you are treated with respect.