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Birth Injury Litigation

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

A successful lawsuit can be used to pay for future and present medical expenses, loss of wages, and other damages. However, a successful lawsuit can take years to complete.

Compensation

Despite the incredible medical advances however, childbirth remains an extremely risky process. Mothers and babies expect doctors to act with professionalism and avoid mistakes that could have lasting consequences. If you suspect that a doctor or hospital has been negligent in causing your baby's injury and/or death, you should consult a New York birth injuries lawyer to determine the legal options you have.

A successful claim for birth injuries can result in financial compensation. This can be used to pay for the medical costs of the present and future loss of wages, emotional stress, and other areas of potential damage. In some instances juries or judges could also award punitive damages in the event of unacceptable conduct.

Your attorney will collaborate in conjunction with a network of experts witnesses to understand what happened and establish the standard of care that is accepted. They will look over your medical records and review the actions of the medical staff who were present during your delivery. This will help them build a strong case to increase your chances of success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice insurance company prior to filing a lawsuit. This will require you to submit an itemized list of demands which will include a thorough account of the losses your family has suffered as well as the medical evidence to support the claims. The malpractice insurance company will make an offer. If no settlement is reached, the lawsuit will proceed to trial.

Damages

The damages a plaintiff gets may be either financial (such as medical bills) or non-economic (such as suffering and pain). In many cases, juries award both. The amount of compensation a victim will receive is based on how the injury has affected them, as well as their previous and future losses. Some states restrict the amount of non-economic damages that juries can determine.

To be able seek compensation, you must prove that the defendant breached their duty to care. This is accomplished by mixing medical evidence, expert testimony and depositions. Medical experts are people who have been trained in a certain area of medicine. They scrutinize all evidence and are able to be able to testify in court, if needed. In cases of birth injury law firms injuries, the expert will help establish the defendant's actions were outside the guidelines of an expert in the field with similar training and experience.

Attorneys can also question any person who has a story that is relevant or who has a unique insight. These are sworn, out-of-court statements that allow attorneys to directly question witnesses about what transpired. Depositions can be conducted over the phone or through a video conference, but the majority are held in the courtroom. These depositions can be difficult and stressful but they are essential in establishing a strong case and securing the highest possible compensation for clients.

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 two-and-a-half years from the date of an act or omission believed to have caused their child's injury to file a lawsuit.

Your attorney can look over the medical records of your child to determine whether any nurses or doctors along with other hospital personnel were involved in the birth of your daughter or son. They can request any relevant documents and information that may aid in determining the cause of your child's injuries.

In order to prove malpractice, your lawyer must prove that the defendant was bound by a obligation and then violated this obligation in failing to comply with the standard of care in similar circumstances. To prove this, you attorney will work with medical professionals to analyze the actions of the medical professional to accepted procedures and practices.

A lawyer can also assist you to find witnesses who can testify about your case. These professionals can provide valuable insight into a doctor's decision making process and how an error or omission caused the birth injuries of your child. This evidence can be used by your lawyer to support your compensation claim. A successful medical malpractice lawsuit involves two distinct legal claims one for the injured child and another for the parents.

Expert Witnesses

With the right assistance families can receive compensation to cover medical expenses and lost income due to absence from work as well as rehabilitative therapies and treatments in addition to the costs of long-term health care. But the most important thing to winning a birth injury lawsuit is having the best expert witnesses possible on your side.

These individuals can review the evidence and provide an expert opinion on whether a medical professional has violated their duty of care by doing something that could have resulted in the injury of an infant. They can also explain complicated medical terms to make it easier for judges or jury to comprehend.

The role of an expert witness is to offer an objective medical opinion that reflects the current state of knowledge as of the date of the event. This means that they cannot eliminate relevant information to provide a more favorable view for either the plaintiff or the defendant.

Experts must also look over the relevant medical records and contemporaneous literature with sufficient depth so that they can form an informed opinion. In certain cases experts may be required to give deposition (sworn out-of-court statements). These sessions are intimidating, but they are a crucial part of preparing for a case. Your lawyer can help you prepare for these sessions and make sure that you are treated with respect.