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Birth Injury Litigation

Medical negligence during the delivery process or labor can lead to serious birth injuries to infants. These injuries can have a lasting impact on the child and their family.

A successful lawsuit can pay for future and ongoing medical expenses, lost wages and other damages. A successful lawsuit may take years to achieve.





Compensation

Despite the amazing advances in medical technology birth is still an extremely risky process. Babies and mothers alike hope that doctors will act professionally and avoid blunders that could result in long-lasting harm. If your baby suffered an injury due to negligent actions of a doctor or hospital, you may want to contact a New York birth injury lawyer to find out what legal recourses you have.

If you win your claim, you'll be awarded financial compensation. This can include future and present medical expenses loss of wages, emotional stress and a variety of other damages. In some cases juries or judges can also award punitive damages in the event of unjust conduct.

Your attorney will collaborate with a network of expert witnesses to understand what happened and define the standard of care that is accepted. They will review all your medical records and review the actions taken by medical personnel during your delivery. This information will help you build strong arguments and increase your chances of success.

Typically, your lawyer will try to negotiate a settlement with the malpractice insurance company prior to filing an action. This will mean submitting a package of demands, which includes a detailed account of the losses your family has suffered and the medical evidence that supports the claims. The malpractice insurer will then make an offer. If a settlement isn't reached, the case will go to trial.

Damages

The damages that plaintiffs may be awarded are either economic (such a medical bills) or non-economic (such the pain and suffering). In many cases, juries award both. The amount of money the victim will receive is determined by how the accident has affected them, and also their past and future losses. Certain states limit the amount of non-economic damages juries may award.

To be able seek compensation, you must prove that the defendant violated their duty of caring. This is accomplished by using medical documents, expert testimony, and depositions. Medical experts are individuals with specialized knowledge in a particular area of medicine. They scrutinize all evidence in the case and are able to testify in court if required. In birth injury cases, the expert will determine if the defendant's actions were outside the guidelines of medical professionals with similar experience and training.

Attorneys may also depose anyone who has a relevant story or with an unusual perspective. These are sworn out-of-court statements that permit attorneys to inquire directly with witnesses about what happened. Depositions can be conducted over the phone or through a video conference, but most are held in the courtroom. These meetings are often stressful and stressful, yet they are essential to constructing a convincing case for clients and obtaining the highest possible amount of compensation.

Statute of limitations

In 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 date of the act or omission that is believed to have led to the injury of their child to pursue a lawsuit.

Your attorney can look over the medical records of your child to determine if any obstetricians or nurses and other hospital personnel, were involved in the birth of your child or daughter. He or she can then seek any relevant documents and data that can help determine the cause of the injuries to your child.

If you want to prove that there was a negligence, your lawyer must prove that the defendant was bound by a obligation, and then breached it by failing to uphold the standards of care in similar circumstances. To establish this, your lawyer will collaborate with medical experts to compare the actions of a medical professional with accepted practices and procedures.

An attorney can help you identify witnesses who can testify in your case. These professionals can give an important insight into the decision-making process of the doctor and how a specific error or omission led to the birth injury to your child. Your lawyer could then use the evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child injured and the other for their parents.

Expert Witnesses

With the right assistance families can secure the compensation they need to pay medical bills and lost income due to time away from work, rehabilitative treatments and therapies, as well as the costs of long-term health care. The most important factor to win an injury case at birth is having the most experienced expert witnesses on your side.

They are able to look over evidence and offer an expert opinion on whether a medical professional violated their duty of caring by doing something that could have caused injuries to an infant. They can simplify medical terms for juries or judge to comprehend.

The role of an expert witness is to provide an unbiased medical opinion that is based on the current knowledge as of the date of the event. This means that they should not exclude any relevant facts to form a view that is more favorably disposed to either the plaintiff or the defendant.

Experts should also study the relevant medical records as well as contemporaneous literature with sufficient depth so that they can form an informed opinion. In certain cases, an expert may be required to provide an oath outside of court. These meetings can be stressful however they are a necessary part of preparing for a case. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.