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Birth Injury Litigation

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

A successful lawsuit may help pay for medical costs now and in the future, lost wages, and other damages. A successful lawsuit can take a long time to complete.

Compensation

Despite amazing medical advances childbirth can be dangerous. Babies and mothers expect doctors on hand to be professional and avoid mistakes which could have long-lasting consequences. If your baby was injured caused by the negligent actions of a hospital or doctor, you may want to consult an New York birth injury lawyer to see what legal options you have.

If you are successful in your claim, you'll receive financial compensation. This could include future and ongoing medical expenses as well as lost wages, emotional stress, and a variety of other damages. In some cases juries or judges can also award punitive damages in the event of unacceptable conduct.

Your attorney will collaborate closely with network experts witnesses to determine what happened and the standard of care you should expect. They will review all your medical records and examine what the medical staff did during your birth. This information will help build solid arguments and increase your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice insurance company prior to filing an action. This requires submitting a package of demands, which will include a thorough description of your family's losses as well as the medical evidence to back them. The malpractice insurer will then make an offer. If a settlement cannot be reached, the case will go to trial.

Damages

The damages that a plaintiff can receive are either economic (such a medical bill) or non-economic (such as suffering and pain). In a majority of cases, juries decide to award both. The amount of damages a victim will receive is based on how the accident has affected them as well as their previous and future losses. Certain states limit the amount of non-economic damages a jury may determine.

To be able to claim compensation, you must show that the defendant did not fulfill their duty of caring. This is done by mixing medical records, expert testimony and depositions. Medical experts are those who have been trained in a specific area of medicine. They review all evidence and can testify in court if needed. In cases involving birth injuries, an expert can help prove that the defendant's actions are beyond the standards of care for an expert in medicine with similar training and experience in the case's circumstances.

Attorneys will also depose anyone with a relevant story or who has a unique insight. These are sworn out-of-court statements that permit attorneys to inquire directly with witnesses about what happened. Some depositions are conducted on the phone or through a video conference, but the majority are held in the courtroom. These conversations are often difficult and stressful, but are essential to establishing a strong case for clients and obtaining the maximum possible amount of compensation.

Statute of Limitations

Like most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and a quarter years to file a suit after the date of the wrongdoing, omission, or inaction that they believe caused the injuries of their child.

Your attorney can look over your child's medical records to determine which obstetricians, nurses and other hospital personnel might have been involved in your daughter or son's birth. He or she may then seek any relevant documents and information that may help determine the reason for your child's injuries.

Your lawyer must establish the malpractice by proving that the defendant was bound by obligations to your child and violated it by failing to provide the proper care in similar circumstances. To prove this, your lawyer will work with medical experts in comparing the actions of the medical professional to accepted practices and birth injury lawyer procedures.

A lawyer can also assist you to find witnesses to testify about your case. These experts can provide an insight into the doctor's decision-making process and how a specific mistake or omission caused the birth injury to your child. Your lawyer can then utilize this evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child that was injured as well as one for the parents of the child.

Expert Witnesses

With the right assistance families can secure compensation to cover medical expenses, lost income from time off from work rehabilitation and birth Injury lawyer therapy in addition to the cost of long-term medical care. The key to winning an injury case at birth is having the most skilled experts as your witnesses.

These individuals are able to review the evidence and provide an expert opinion on whether a medical professional has violated their duty of care doing something which could have caused injuries to an infant. They can also explain complex medical terms to make them easier for a judge or jury to understand.

The objective of an expert witness is to offer an objective medical opinion that reflects the current state of knowledge at the time of the incident. This means they shouldn't remove relevant information to give a more favorable view for either the plaintiff or the defendant.

Experts should also review the relevant medical records and contemporaneous literature with sufficient depth so that they can form a sound opinion. In certain instances, an expert may be required to provide an oath in court. These sessions can be stressful however they are an essential aspect of preparing the case. Your attorney can prepare you for these sessions and make sure that you are treated fairly.