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Birth Injury Litigation

Medical negligence during delivery or labor can lead to severe birth injuries for infants. These injuries have a lasting impact on the child as well as their family.

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

Compensation

Despite the amazing advances in medical technology, childbirth is still dangerous procedure. Babies and mothers alike hope that doctors will act professionally and avoid making mistakes that could result in long-lasting harm. If your baby suffered an injury due to carelessness of a hospital or doctor you might want to speak with a New York birth injury lawyer to find out what legal recourses you have.

If you're successful in your claim, you'll receive financial compensation. This could include future and present medical costs loss of wages, emotional stress and a variety of other damages. In certain cases, juries and judges may also award punitive damages in the event of the most egregious of conduct.

Your attorney will work with a network of expert witnesses to understand what happened and define the accepted standard of care. They will review your entire medical record and analyze what the medical staff did during your delivery. This will assist them to build a strong case and increase your chances of success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice insurance company prior to filing an action. This would involve sending a demand packet, which includes a detailed account of your family's losses and the medical evidence to support the claim. The malpractice insurance company will make an offer. If there is no settlement, the case will go to trial.

Damages

The amount of damages a plaintiff is awarded may be economic (such as medical bills) or non-economic (such as pain and suffering). In many cases, juries award both. The amount of damages an individual victim will be awarded is determined by how the accident has affected them, as well as their previous and future losses. Certain states also have limits on how much the jury can award in non-economic damages.

In order to pursue compensation, it must be proven that the defendant acted in breach of their duty of care. This is accomplished by the use of medical records, expert witness testimony, and depositions. Medical experts are people with specialized knowledge in a specific field of medicine. They review all evidence in the case and can testify at trial if needed. In cases of birth injuries, the expert will determine if the defendant's actions fell outside the standard of care of an expert in the field with similar training and experience.

In birth injury attorneys to medical experts, attorneys also be able to depose anyone who might have an interesting story or insight. These are sworn, non-judgmental statements that permit attorneys to question witnesses directly about what transpired. Some depositions are conducted via the phone or through a video conferences, but the majority are held in a courtroom. These depositions can be difficult and stressful but they are vital in establishing a strong argument and securing the highest possible compensation for clients.

Statute of limitations

Like many states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and a half years to file a suit within the time frame of a wrongdoing, omission, or omission that they believe caused their child's injuries.

Your attorney can review the medical records of your child to determine which obstetricians nurses and other hospital staff might have played a role in your daughter or son's birth. They can request any relevant documents and information that may aid in determining the cause of the injuries to your child.

If you want to prove that there was a misconduct, your lawyer needs to prove that the defendant was responsible for your child's obligation and violated that duty by failing to adhere to the standard of care under similar circumstances. To prove this, your lawyer will collaborate with medical experts to evaluate the medical professional's actions to accepted practices and procedures.

A lawyer can also assist you to identify witnesses to testify on your behalf. They can provide valuable information about a doctor's decision making process and what resulted in your child's birth injuries. Your lawyer will then be able to use the evidence to support your claim for compensation. A successful medical malpractice case involves two separate legal claims one for the child injured as well as one for the parents of the child.

Expert Witnesses

Families can seek compensation for medical expenses, lost wages due to working hours Rehabilitation treatments and therapies as well as costs for long-term health care with the right assistance. But the most important thing to winning a birth injury lawsuit is having the most experienced expert witnesses possible to be on your side.

These individuals are able to review evidence and give their professional opinion on whether a medical professional has violated their duty to care by doing something that could have caused an infant's injury. They can simplify medical terms for juries or judge to comprehend.

An expert witness's job is to provide unbiased medical testimony that reflects the state of medical knowledge at the time of the incident in question. This means that they cannot ignore relevant information in order to give a more favorable view for either the plaintiff or defendant.





Experts should also review the relevant medical records and contemporaneous research with sufficient detail so that they can form a sound opinion. In some cases, experts may be called to make a deposition (sworn out-of-court statements). These sessions can be a bit intimidating but they are an essential part of preparing a case. Your attorney can help prepare for these sessions and make sure that you are treated fairly.