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Birth Injury Litigation





Medical negligence during delivery and labor could result in severe birth injuries to infants. These injuries can have a lasting impact on the child as well as their families.

A successful lawsuit could help pay for future and ongoing medical expenses, lost wages and other damages. A successful lawsuit may require years to obtain.

Compensation

Despite the remarkable medical advancements however, childbirth remains an extremely risky process. Mothers and babies alike expect that doctors will act professionally and avoid making mistakes that could have long-lasting consequences. If your baby was injured that was caused by negligent actions of a doctor or hospital, you may want to speak with a New York birth injury lawyer to see what legal recourses you have.

If you are successful in your claim, you'll be awarded financial compensation. This can be used to pay for the current and future medical expenses loss of wages, emotional distress and other areas that could cause damage. In some cases juries and judge may also award punitive damage for the most egregious of conduct.

Your attorney will collaborate closely with a network of expert witnesses to determine what took place and the accepted standard of care. They will review your records and evaluate the actions of the medical team that were present during your delivery. This information will help build an argument that is strong and increase your chances for success.

Before bringing a lawsuit your lawyer is likely to attempt to bargain with the malpractice insurer. This is done by the submission of a demand document, which includes a statement detailing your family's losses, as well as medical evidence that supports the claim. The malpractice insurance company will make an offer. If a settlement cannot be reached, the lawsuit will go 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 a lot of cases the jury awards both. The amount of the damages an individual victim receives will be determined by the extent to which the incident has affected their life, and also the evidence of the past and future losses. Some states limit the amount of non-economic damages a jury may decide to award.

To be able to claim compensation, you must show that the defendant did not fulfill their duty of caring. This is done through a combination of medical documents, expert witness testimony, and depositions. Medical experts are individuals who have specialized in a particular area of medicine. They scrutinize all evidence in the case and testify at trial if needed. In cases involving birth injuries, the expert will help establish the defendant's actions are not in the guidelines of an medical professional with similar experience and training.

In addition to medical experts, attorneys will be able to depose anyone who might have relevant information or a story to share. These are sworn out-of-court statements that permit attorneys to inquire directly with witnesses about what transpired. Some depositions can be conducted via phone or by video conference but the majority are held in the courtroom. These conversations can be difficult and stressful however they are crucial in establishing a strong argument and obtaining the best possible compensation for clients.

Statute of Limitations

Like many states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and one-half years from date of an incident or omission believed to cause the injury of their child to pursue a lawsuit.

Attorneys can look through your child's medical records to determine which obstetricians, nurses and other hospital staff might have played a role in your son's or daughter's birth. He or she may then seek any relevant documents and data that can help determine the reason for your child's injuries.

When proving negligence, your lawyer must prove that the defendant was bound by a obligation and then violated this obligation in failing to comply with the standards of care required in similar circumstances. To prove this, your attorney will collaborate with medical professionals to compare the actions of the medical professional to accepted procedures and practices.

A lawyer can help locate witnesses to be available to testify in your case. These professionals can provide valuable information about the decision-making process of a doctor and how an error or omission resulted in your child's birth injuries. Your lawyer can then use this evidence to prove your claim for compensation. A successful medical malpractice case involves two separate legal claims, one for the child that was injured and another for their parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages due to absences from work, rehabilitation treatments and therapies as well as long-term care expenses with the right assistance. The key to winning an injury case at birth is having the most skilled experts as your witnesses.

They can look over the evidence and offer a professional opinions on whether a medical professional has violated their duty of care by performing an action that could have caused injuries to an infant. They can simplify medical terms for a jury or judge to understand.

birth injury attorneys of an expert witness is to provide objective medical testimony that is based on the state of medical knowledge at the time of the event in question. This means they shouldn't eliminate relevant information to give a more favorable impression for either the plaintiff or defendant.

Experts must also read relevant medical records and recent literature to enable them to form an informed opinion. In certain cases experts could be required to give an unassailable statement in court. These sessions can be stressful but are an important part of making a case. Your attorney can help you prepare for these sessions and make sure that you are treated fairly.