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Birth Injury Litigation

Medical mistakes during labor and delivery can result in serious birth injuries to infants. These injuries can have a lasting impact on the child and their family.

A successful lawsuit can help pay for future and current medical expenses as well as lost wages and other damages. A successful lawsuit may require years to obtain.

Compensation

Despite the amazing medical advancements yet, childbirth is dangerous procedure. Baby and mother expect doctors to behave with professionalism and avoid errors that could have lifelong consequences. If your baby suffered an injury due to carelessness of a doctor or hospital You might want to consult a New York birth injury lawsuit injury lawyer to find out what legal recourse you have.

If you are successful in your claim, you'll be awarded financial compensation. This can include future and ongoing medical expenses, lost earnings, emotional stress and a variety of other damages. In some instances juries and judge may also award punitive damages for egregious behavior.

Your attorney will work closely with a network expert witnesses to determine what happened and the standard of care you should expect. They will look over your medical records and review the actions of the medical staff who were present during your delivery. This information will help them build a strong case to increase your chances of success.

Typically your lawyer will attempt to reach a settlement with the malpractice insurer prior to filing an action. This requires submitting an array of demands that includes a full description of your family's losses as well as the medical evidence to justify them. The malpractice insurer will then make an offer. If no settlement is reached, the case will go to trial.

Damages

The damages that a plaintiff receives may be either financial (such as medical bills) or non-economic (such as pain and suffering). In many cases juries will award both. The amount of damages that a victim is awarded will be based on the degree to which the accident has affected their life, and also the evidence of their past and future losses. Certain states also have restrictions on the amount a jury can award in non-economic damages.

To be able to claim compensation, you must prove that the defendant violated their duty to care. This is done through the use of medical records and expert witness testimony and depositions. Medical experts are people with specialized knowledge in a particular area of medical practice. They review all evidence in the case and testify at trial if needed. In cases of birth injuries, experts will be able to prove that the defendant acted outside of the standard of care for medical professionals who has the same education and experience in the specific circumstances of the case.

Attorneys will also depose anyone with a pertinent story or with an unique perspective. These are sworn, out-of-court statements that allow attorneys to ask witnesses directly about what transpired. Some depositions are conducted via the phone or through a video conference, but most are conducted in a courtroom. These conversations are often difficult and stressful, but they are essential to establishing a strong case for clients and obtaining the best possible compensation.

Statute of Limitations

In New York, as in the majority of states, medical malpractice claims must be filed within the statute of limitations. Parents have two and a half years from the date of an act, omission or failure believed to cause the injury of their child to make a claim.

Your attorney may review your child's medical records to determine which doctors, nurses, and other hospital staff may have been involved in your daughter or son's birth. He or she will request any documents or information relevant to the injury of your child.

When proving negligence, your lawyer must establish that the defendant was owed by your child a obligation, and then breached it in failing to comply with the standards of care in similar circumstances. To prove this, your attorney will collaborate with medical experts to evaluate the actions of a medical professional with accepted practices and procedures.

A lawyer can assist you locate witnesses to be available to testify in your case. They can provide valuable insight into the process used by doctors to make decisions and how an error or omission caused your child's birth injuries. Your lawyer could then use this evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child who is injured and the other for their parents.

Expert Witnesses

Families can seek compensation for medical expenses, lost wages resulting from absences from work therapy and rehabilitation as well as costs for long-term health care with the right assistance. But the most important thing to winning a birth injury case is having the best expert witnesses possible on your side.

These individuals can review 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 the injuries of an infant. They can simplify medical terms for juries or judge to understand.

The role of an expert witness is to provide an unbiased medical opinion that is based on the current state of knowledge as of the date of the incident. This means they must not exclude any relevant facts to form a view that is more favorable to either the plaintiff or defendant.

Experts should also review the relevant medical records and contemporaneous literature with sufficient thoroughness so that they can form a sound opinion. In some cases experts may be required to give a deposition (sworn out-of court statement). These sessions can be intimidating but they are an essential part of the preparation of for a trial. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.