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Birth Injury Litigation
Medical negligence during labor and birth can cause severe birth injuries to infants. These injuries can have a long-lasting impact on the child as well as their families.
A successful lawsuit may help with medical costs now and in the future, lost wages, and other damages. A successful lawsuit can take years to reach.
Compensation
Despite remarkable medical advances birth can be a risky. Baby and mother expect doctors to act with professionalism and avoid making mistakes which could have long-lasting consequences. If your baby suffered an injury caused by the negligence of a medical professional or hospital you might want to speak with an New York birth injury lawyer to see what legal options you have.
A successful claim for birth injuries results in financial compensation. This could include future and present medical costs and lost wages, emotional stress and many other damages. In some cases juries or judge may also award punitive damages for unjust conduct.
Your attorney will work with a team of experts witnesses to determine what occurred and establish the accepted standard of care. They will review your medical records and evaluate the actions of the medical team that were present during your delivery. This will assist them to make a convincing case and increase your chances of success.
Before bringing a lawsuit your lawyer will usually attempt to bargain with the malpractice insurer. This will require submitting an itemized list of demands that includes a full account of the losses your family has suffered as well as the medical evidence to support the claims. The malpractice insurer will then make an offer. If a settlement isn't reached, the case will proceed to trial.
Damages
The damages that a plaintiff can receive can be monetary (such medical bill) or non-economic (such the pain and suffering). In a majority of cases, juries award both. The amount of damages a victim receives will be based on the extent to which the incident has impacted their life, as well as evidence of their past and future losses. Some states also place limits on the amount that an individual jury can award in non-economic damages.
To be able to seek compensation to recover compensation, it must be proved that the defendant did not fulfill their duty of care. This is done by the use of medical records, expert testimony and depositions. Medical experts are those who have been trained in a certain area of medical practice. They scrutinize every piece of evidence and be able to testify in court, if needed. In cases of birth injuries, the expert will help establish that the defendant's actions are in a way that is not consistent with the standard of care expected from a medical professional with the same training and experience in the case's circumstances.
In addition to medical experts, attorneys will also conduct depositions of any person who has relevant information or a story to share. These are sworn declarations delivered outside of court that permit lawyers to inquire of witnesses directly what transpired. Some depositions are conducted over the phone or via video conference, however most are held in the courtroom. These conversations are often difficult and stressful, yet they are essential to building a strong case for clients and obtaining the highest possible compensation.
Statute of limitations
In New York, as in many states, medical negligence claims must be filed within the statute of limitations. Parents have a maximum of two and a quarter years to file a lawsuit after the date of the mistake, omission or failure that they believe caused the injuries of their child.
Your attorney can look over your child's medical records to determine which obstetricians nurses and other hospital staff may have been involved in your daughter or son's birth. He or she may then request any relevant documents and data that can help identify the cause of your child's injuries.
Your lawyer must prove that there was a breach of contract by proving that the defendant owed the child a duty and failed to provide the proper care in similar circumstances. To prove this, you lawyer 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 who can testify about your case. birth injury lawsuit can provide an important insight into the doctor's decision-making process and how a specific mistake or omission caused the birth injury of your child. This information can be used by your lawyer to justify your compensation claim. A successful medical malpractice claim involves two distinct legal claims: one for the injured child and one for the parents.
Expert Witnesses
Families can seek compensation for medical bills, lost wages from working hours, rehabilitation treatments and therapies, and long-term care costs with the right support. However, the key to winning a birth injury case is having the best experts to be on your side.
They can also review evidence and provide a professional opinion on whether a medical professional has violated their duty of caring by performing an act that could have caused the injury of an infant. They can simplify medical terms for juries or judge to understand.
The role of an expert witness is to provide an objective medical opinion that is reflective of the current state of knowledge at the time of the incident. This means that they should not omit any relevant information in order to form an opinion that is more favorably disposed to either the plaintiff or defendant.
Experts should also study relevant medical records and current literature to enable them to form an informed opinion. In certain instances experts could be required to make an unassailable statement in court. These sessions can be daunting however they are an essential aspect of preparing the case. Your lawyer can help you prepare for these sessions and make sure that you are treated with respect.
