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Birth Injury Litigation

Medical negligence during the delivery process and labor could result in serious birth injuries for infants. These injuries can have a lasting impact on the infant as well as their families.

A successful lawsuit may aid in the payment of medical expenses now and in the future, lost wages, and other damages. A successful lawsuit could require years to obtain.

Compensation

Despite the amazing medical advancements however, childbirth remains a risky procedure. Babies and mothers alike hope that doctors behave professionally and avoid making mistakes that could cause long-lasting damage. If you suspect that the hospital or doctor was negligent in causing the injury to your baby or harm, you should speak with a New York birth injuries lawyer to determine the legal options you have.

If you are successful in your claim, you will be awarded financial compensation. This can include future and present medical expenses as well as lost wages, emotional stress and many other damages. In some instances juries and judges could also award punitive damages for unacceptable behavior.

Your attorney will work with a network of expert witnesses to discover what happened and define the accepted standard of care. They will go through your records and evaluate the actions of the medical personnel who were present during your delivery. This information will help them build a strong case and increase your chances of success.

Before bringing a lawsuit, your lawyer will generally try to negotiate with the malpractice insurer. This will mean submitting a package of demands, which will include a thorough description of your family's losses as well as the medical evidence that supports them. The malpractice insurance company will make an offer. If a settlement is not reached, the case will proceed to trial.

Damages

The damages a plaintiff gets could be monetary (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases the jury awards both. The amount of the damages an individual victim receives will be based on the extent to which the incident has impacted their life, and also the evidence of the past and future losses. Certain states also impose limits on how much an individual jury can award in non-economic damages.





To pursue compensation the case must prove that the defendant breached their duty of care. This is done by a combination of medical documents and expert witness testimony and depositions. Medical experts are individuals who are experts in a particular area of medicine. They examine all evidence in the case and are able to testify at trial if needed. In cases involving birth injuries, an expert can help prove that the defendant's actions were in a way that is not consistent with the standard of care expected from a medical professional with the same training and experience under the circumstances of the case.

In addition to medical experts, attorneys can also interview anyone who might have an important story or insight. These are sworn declarations which are not in court and allow attorneys to ask witnesses directly what transpired. Depositions can be conducted over the phone or through a video conferences, but the majority are conducted in the courtroom. These meetings can be challenging and stressful, but they are important to build a strong case and obtaining the best possible compensation for clients.

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 half years from the date of the act or omission to cause injury to their child to make a claim.

Your attorney can review the medical records of your child to determine if any obstetricians or nurses, as well as other hospital staff, were involved in the birth of your daughter or son. He or she will ask for any documents and information relevant to the injury of your child.

Your lawyer has to prove the case of malpractice by proving that the defendant was bound by an obligation to your child and violated it by failing to provide the proper care under similar circumstances. To establish this, your lawyer will work with medical experts to evaluate the medical professional's actions with accepted practices and procedures.

A lawyer can help you locate witnesses to provide testimony in your case. These experts can provide valuable information about the process used by doctors to make decisions and how an error or omission caused your child's birth injuries. This evidence can be utilized by your lawyer in support of your claim for compensation. A successful medical malpractice case involves two separate legal claims one for the child injured and one for their parents.

Expert Witnesses

With the right assistance families can get compensation for medical expenses as well as lost earnings due to time away from work rehabilitation and therapy and the cost of long-term medical care. However, the key to winning a birth injury lawsuit is having the most experienced experts available to be on your side.

These individuals can review the evidence and give their professional opinion on whether a medical professional breached their obligation of care by taking an act which could have resulted in an infant's injuries. They can simplify medical terms for a jury or judge to understand.

An expert witness's role is to provide impartial medical testimony that reflects the current state of knowledge at the time of the incident that is being investigated. This means that they should not omit any relevant information to create an opinion that is more favorably disposed to either the plaintiff or the defendant.

Experts must also look over the relevant medical records and contemporaneous research with sufficient detail to enable them to form a sound opinion. In some cases experts could be required to give a sworn statement outside of court. These sessions can be a bit intimidating however they are an essential aspect of preparing an argument. Your attorney can assist you prepare for these sessions and ensure that you are treated fairly.