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Birth Injury Litigation

Medical inattention during labor and delivery can result in serious birth injuries to infants. These injuries leave a lasting impact on the child and 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. A successful lawsuit can require years to obtain.

Compensation

Despite incredible medical advances birth can be a risky. Babies and mothers alike hope that doctors act with professionalism and avoid mistakes that could cause long-lasting damage. If your baby suffered an injury that was caused by negligent actions of a doctor or hospital You might want to consult a 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 current and future medical expenses, lost wages, emotional distress, and other areas that could cause damage. In some cases juries or judges could also award punitive damages in the event of egregious conduct.

Your attorney will work with a group of expert witnesses to determine what occurred and define the accepted standard of care. They will go through your records and evaluate the actions of the medical professionals that were present during your delivery. This will assist them to make a convincing case and increase your chances of success.

Before bringing a lawsuit, your lawyer is likely to attempt to negotiate with the malpractice insurer. This requires submitting an itemized list of demands that includes a full account of the losses your family has suffered and medical evidence to back them. The malpractice insurance company will make an offer. If no settlement is reached the case will proceed to trial.

Damages

The damages that the plaintiff could be awarded can be monetary (such medical bills) or non-economic (such s suffering and pain). In a lot of cases juries award both. The amount of damages an individual victim will be awarded will depend on how the accident has affected them in addition to their past and future losses. Certain states limit the amount of non-economic damages juries can decide to award.

To pursue compensation the case must prove that the defendant acted in breach of their duty of care. This is done by a combination of medical records, expert witness testimony, and depositions. Medical experts are individuals who specialize in a certain area of medicine. They scrutinize every piece of evidence and appear in court if they are required. In cases involving birth injuries an expert can help prove that the defendant's actions were in a way that is not consistent with the standard of care expected from an expert in medicine with similar training and experience in the specific circumstances of the case.

Attorneys can also depose anyone with a pertinent story or has an unusual perspective. They are sworn statements that are delivered outside of court that allow attorneys to ask witnesses directly what happened. Depositions can be conducted via phone or by video conference however the majority of depositions are conducted in the courtroom. These depositions can be difficult and stressful but they are essential in building a strong case and obtaining the best possible compensation for clients.

Statute of Limitations

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

Your attorney can review your child's medical records to determine which doctors, nurses and other hospital personnel might have played a role in your son or daughter's birth injury attorney. They can seek any relevant documents and information that may aid in determining the cause of the injuries to your child.

In order to prove negligence, your lawyer must prove that the defendant was bound by a duty and breached this duty in failing to comply with the standards of care in similar circumstances. To prove this, your lawyer will work with medical professionals in comparing the actions of the medical professional with accepted practices and procedures.

A lawyer can also assist you to identify witnesses 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 injuries of your child. This evidence can be used by your lawyer in support of your claim for compensation. A successful medical malpractice lawsuit involves two distinct legal claims one for the child injured and one for the parents.

Expert Witnesses

With the right support families can get compensation for medical expenses as well as lost earnings due to working hours taken off or rehabilitative therapies in addition to the cost of long-term medical care. The key to winning a birth-injury case is having the most skilled experts as your witnesses.

They are able to review the evidence and provide a professional opinion as to whether a medical professional acted in breach of their obligation of care by taking an act that could have resulted in an infant's injury. They can explain complicated medical terms to make them easier for judges or jury to comprehend.

The job of an expert witness is to provide unbiased medical testimony that reflects the current state of knowledge at the time of the incident that is being investigated. This means that they cannot exclude relevant information in order to create a more favorable impression for either the plaintiff or the defendant.

Experts should also carefully review relevant medical records and current literature to make an informed decision. In some instances experts may be required to make deposition (sworn out-of-court declaration). These sessions are intimidating, but they are a crucial part of preparing for a case. Your attorney can help you prepare for these sessions and ensure that you are treated with respect.