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Birth Injury Litigation

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





A successful lawsuit can pay for current and future medical expenses as well as loss of wages, and other damages. However, a successful lawsuit can take years to complete.

Compensation

Despite the latest medical advancements, childbirth can be risky. Mothers and babies alike expect that doctors will act professionally and avoid blunders that could cause long-lasting damage. If you believe the hospital or doctor has been negligent in causing the injury of your baby or harm, you should speak with a New York birth injuries lawyer to determine the legal options you have.

If you're successful in your claim, you'll be awarded financial compensation. This could cover current and future medical expenses as well as lost earnings, emotional distress, and other potential areas of damage. In some instances, juries or judges may also award punitive damages in the event of the most egregious of conduct.

Your attorney will work closely with a network expert witnesses to determine what happened and the accepted standard of treatment. They will review all your medical records and review the actions of your medical team during your birth. This information can help build a strong argument and maximize your chances of success.

Typically, your lawyer will try to reach a settlement with the malpractice insurer prior to filing an action. This will mean submitting an itemized list of demands which will include a thorough description of your family's losses and the medical evidence to back them. The malpractice insurance company will respond with an offer. If no settlement is reached the case will go to trial.

Damages

The damages that plaintiffs can be awarded can be monetary (such medical bills) or not-economic (such s pain and suffering). In many cases juries give both. The amount of damages a victim receives will be determined by the degree to which the accident has affected their lives as well as evidence of the past and future losses. Certain states limit the amount of non-economic damages that juries can award.

In order to be eligible for compensation, you must prove that the defendant did not fulfill their duty of caring. This is accomplished by a combination of medical documents and expert witness testimony and depositions. Medical experts are people who are experts in a particular area of medical practice. They review every piece of evidence and appear in court if they are required. In birth injury cases the expert will help establish the defendant's actions are not in the standards of care expected of medical professionals with similar training and experience.

Attorneys can also question anyone who has a relevant story or has an unique perspective. They are sworn statements that are delivered outside of court that permit lawyers to inquire of witnesses directly what happened. Depositions can be conducted over the telephone or via videoconference, but the majority are conducted in court. These conversations are often difficult and stressful, but are essential in establishing a strong argument for clients and obtaining the best possible amount of compensation.

Statute of Limitations

In New York, as in most states, medical malpractice claims must be filed within the statute of limitations window. Parents have two and a quarter years to file a lawsuit after the date of a wrongful act, omission, or omission they believe caused the injuries of their child.

Your attorney may review your child's medical records to determine which obstetricians nurses and other hospital personnel might have played a role in your son or daughter's birth. He or she will then request any documents and details that relate to the injuries of your child.

Your lawyer has to prove the case of malpractice by proving that the defendant was bound by the child a duty and breached it by failing to provide the appropriate care under similar circumstances. To prove this, your attorney will work with medical professionals to evaluate the actions of the medical professional to accepted practices and procedures.

A lawyer can also assist you to identify and locate witnesses to testify about your case. They can provide an insight into the decision-making process of the doctor and explain how a particular error or omission led to the birth injury to your child. 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 who has been injured and one for parents.

Expert Witnesses

With the right support, families can obtain compensation to cover medical expenses and lost income due to absence from work rehabilitation and therapy in addition to the cost of long-term medical care. But the most important thing to winning a birth injury lawsuit is having the best experts available on your side.

These individuals can review the evidence and give their professional opinions on whether a medical professional breached 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 it easier for judges or jury to understand.

The job of an expert witness is to give unbiased medical testimony that reflects the current state of knowledge at the time of the event that is being investigated. This means they must not exclude any relevant facts to form an opinion that is more favorable to either the plaintiff or defendant.

Experts should also examine the relevant medical records as well as contemporaneous literature with sufficient thoroughness to allow them to form a sound opinion. In some cases experts could be asked to give a deposition (sworn out-of-court declaration). These sessions can be a bit intimidating but they are a crucial part of the preparation of an argument. Your attorney can assist you prepare for these sessions and ensure that you are treated with respect.