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Birth Injury Litigation

Medical negligence during the delivery process and labor could result in serious birth injuries for infants. These injuries can have a long-lasting impact on the child and their family.

A successful lawsuit may help pay for medical costs now and in the future, lost wages, and other damages. A successful lawsuit could take years to reach.

Compensation

Despite remarkable medical advances birth can be a risky. Baby and mother expect doctors to be professional and avoid errors that could have lifelong consequences. If your baby suffered an injury caused by the negligence of a doctor or hospital you might want to contact a New York birth injury lawyer to determine what legal recourse you have.

If you're successful in your claim, you'll receive financial compensation. This could cover the current and future medical expenses and lost wages, emotional distress, and other potential areas of damage. In certain instances juries or judge may also award punitive damages in the event of the most egregious of conduct.

Your attorney will work with a team of experts witnesses to determine what occurred and define the accepted standard of care. They will review your records and examine the actions of the medical professionals who were present during your delivery. This information can help build solid arguments and increase your chances for success.

Typically, your lawyer will try to reach a settlement with the malpractice carrier before filing a lawsuit. This requires submitting an array of demands which will include a thorough description of your family's losses and the medical evidence to support them. The malpractice insurer will then make an offer. If a settlement is not reached, the lawsuit will proceed to trial.

Damages

The damages that plaintiffs may be awarded can be either financial (such a medical bill) or not-economic (such s pain and suffering). In many cases juries award both. The amount of damages the victim is awarded is based on how their injury has affected them as well as their past and future losses. Some states limit the amount of non-economic damages juries may award.

To be able to seek compensation to recover compensation, it must be proved that the defendant acted in breach of their duty of care. This is accomplished by using medical evidence, expert testimony and depositions. Medical experts are individuals who specialize in a particular area of medicine. They review all evidence and are able to testify in court if needed. In cases of birth injury attorneys injuries, the expert will help establish that the defendant acted in a way that is not consistent with the standard of care for a medical professional who has the same education and experience in the case's circumstances.

In addition to medical experts, attorneys can also interview anyone who has a relevant story or insight. These are sworn out-of-court statements that permit attorneys to ask witnesses directly about what happened. Depositions can be conducted over the phone or via video conferences, but the majority are held in a courtroom. These conversations are often difficult and stressful, yet they are essential to establishing a strong case for clients and obtaining the maximum possible compensation.

Statute of Limitations

In most states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have two and two and a half years from date of an act or omission that is believed to cause injury to their child to bring a lawsuit.

Your attorney may review the medical records of your child to determine whether any obstetricians or nurses and other hospital staff were involved in the birth of your son or daughter. The attorney will request any documents or information relevant to the injury of your child.

In order to prove the negligence, your lawyer must establish that the defendant was owed by your child a obligation, and then breached it by failing to uphold the standards of care required in similar circumstances. To prove this, your attorney will work with medical experts to compare the actions of the medical professional to accepted practices and procedures.

A lawyer can help locate witnesses to be able to testify in your case. These professionals can provide valuable insight into a doctor's decision making process and what resulted in your child's birth injuries. Your lawyer can then utilize this evidence to back up your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child injured and one for their parents.

Expert Witnesses

Families can be compensated for medical bills, lost wages from working hours therapy and rehabilitation and costs for long-term care with the right help. The key to winning a birth injury lawsuit is having the best expert witnesses to be on your side.

These individuals are able to review evidence and provide a professional opinion on whether a medical professional has violated their duty of care by performing an act which could have caused injuries to an infant. They can simplify medical terms for juries or judge to understand.

The role of an expert witness is to give an impartial medical opinion that is based on the current state of knowledge at the time of the incident. This means that they should not omit any relevant information in order to form a view that is more favorably disposed to either the plaintiff or defendant.

Experts should also review the relevant medical records and contemporaneous literature with sufficient depth in order to form an informed opinion. In some instances experts could be required to make an unassailable statement in court. These meetings can be stressful however they are an essential element of preparing for a trial. Your attorney can prepare you for these sessions and make sure that you are treated with respect.