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Birth Injury Litigation

Medical mistakes during labor and delivery can cause serious birth injuries to infants. These injuries leave a lasting impact on the infant and their family.

A successful lawsuit can be used to pay for future and ongoing medical costs as well as lost wages and other damages. However it can take years to reach.

Compensation

Despite the remarkable medical advancements birth is still dangerous procedure. Babies and mothers expect doctors in attendance to act with professionalism and avoid making mistakes that could have lasting consequences. If you believe that an institution or doctor has been negligent in causing the injury to your baby, you should contact a New York birth injuries lawyer to determine the legal options you have.

If you're successful with your claim, you'll be awarded financial compensation. This can include future and current medical expenses, lost wages, emotional stress and other damages that could be awarded. In some instances juries or judges can also award punitive damages in the event of the most egregious of conduct.

Your attorney will work with a group of expert witnesses to analyze what happened and define the accepted standard of care. They will go through your records and examine the actions of the medical personnel that was present during your birth. This information will help build an argument that is strong and increase your chances of success.

Typically your lawyer will attempt to reach a settlement with the malpractice company prior to filing an action. This will require you to submit an array of demands that includes a full declaration of the losses suffered by your family and the medical evidence that supports them. The malpractice insurance company will respond with an offer. If there is no settlement the case will proceed to trial.

Damages

The damages that a plaintiff can receive are either economic (such a medical bills) or non-economic (such s suffering and pain). In a majority of cases, juries give both. The amount of the damages an individual victim receives will be based on the degree to which the accident has affected their lives, as well as evidence of the past and future losses. Some states also set limits on how much a jury can award in non-economic damages.

To be able to seek compensation the plaintiff must prove that the defendant breached their duty of care. This is done by a combination of medical records as well as expert witness testimony and depositions. Medical experts are people with specialized knowledge in a particular area of medicine. They evaluate all evidence in the case, and testify at trial if needed. In cases involving birth injuries, the expert will be able to prove that the defendant's actions did not meet the standards of care expected of an medical professional with similar experience and training.

In addition to medical experts, attorneys will conduct depositions of any person who has an interesting story or insight. They are sworn, outside-of-court statements that allow attorneys to inquire directly with witnesses about what happened. Some depositions can be conducted over the phone or via video conference but the majority are held in the courtroom. These conversations are often difficult and stressful but are crucial in establishing a strong argument for clients and obtaining the best possible compensation.

Statute of limitations

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

Attorneys can look through the medical records of your child to determine which obstetricians nurses and other hospital personnel might have played a role in your son's or daughter's birth. The attorney will request any documents or information that pertains to the injuries of your child.

When proving negligence, your lawyer must prove that the defendant was bound by a obligation and then violated this obligation by failing to uphold the standard of care in similar circumstances. To prove this, you lawyer will work with medical professionals to evaluate the actions of the medical professional with accepted procedures and practices.

A lawyer can help you locate witnesses to testify in your case. These experts can provide valuable information about a doctor's decision making process and the way in which an error or omission resulted in your child's birth injuries. The evidence could be used by your lawyer to support your compensation claim. A successful medical malpractice case involves two distinct legal claims one for the child injured and one for parents.

Expert Witnesses

Families can be compensated for medical expenses, lost wages due to working hours Rehabilitation treatments and therapies as well as long-term care expenses with the right support. The most important factor to win an injury case at birth injury lawsuit is having the most experienced experts as your witnesses.

These individuals can review the evidence and provide a professional opinion on whether a medical professional breached their obligation of care by taking 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 understand.

The job of an expert witness is to provide impartial medical evidence that reflects the state of medical knowledge at the time of the incident in question. This means they must not exclude any relevant information to develop a view that is more favorably disposed to either the plaintiff or the defendant.

Experts must also read relevant medical records and contemporary research to form an informed opinion. In some instances experts could be asked to appear in deposition (sworn out-of-court declaration). These sessions can be intimidating but they are a crucial part of the preparation of for a trial. Your lawyer can help you prepare for these sessions and make sure that you are treated fairly.