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Birth Injury Litigation

Medical negligence during labor and birth can cause serious birth injuries to infants. These injuries can have a long-lasting effect on the child and their family.

A successful lawsuit can help pay for medical costs now and in the future as well as lost wages and other damages. However it can take years to obtain.

Compensation

Despite the amazing medical advancements however, childbirth remains an extremely risky process. birth injury lawyers and babies expect doctors to act with professionalism and avoid mistakes that could have lifelong consequences. If you believe a doctor or hospital has been negligent in causing the injury to your baby, you should contact a New York birth injuries lawyer to determine what legal options you have.

If you're successful with your claim, you'll receive financial compensation. This can cover current and future medical expenses as well as lost wages, emotional stress, and other areas of damage. In certain cases juries or judges could also award punitive damages for egregious conduct.

Your attorney will collaborate closely with a network expert witnesses to determine what transpired and the standard of care that is accepted. They will look over your medical records and evaluate the actions of the medical personnel present during your delivery. This information will help them build a strong case and maximize your chances of success.

Before bringing a suit, your lawyer will usually try to bargain with the malpractice insurance company. This will mean submitting an itemized list of demands which will include a thorough description of your family's losses and medical evidence that supports them. The malpractice insurance company will respond with an offer. If a settlement isn't reached, the lawsuit will proceed to trial.

Damages

The damages that a plaintiff receives can be either economic (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases, juries will award both. The amount of compensation a victim will receive is determined by how the accident has affected them in addition to their past and future losses. Certain states also have limitations on the amount 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 violated their duty of care. This is accomplished through a combination of medical documents, expert witness testimony, and depositions. Medical experts are individuals who are experts in a specific area of medicine. They review all evidence and can testify in court if needed. In cases of birth injuries, the expert will determine if the defendant's actions did not meet the standards of care expected of an expert in the field with similar experience and training.

In addition to medical experts, attorneys will also take the depositions of anyone who has relevant information or a story to share. They are sworn, outside-of-court statements that allow attorneys to ask witnesses directly about what transpired. Depositions can be conducted via phone or by video conference however the majority of depositions are held in the courtroom. These conversations can be difficult and stressful, but they are important in establishing a strong argument and obtaining the best possible compensation for clients.

Statute of Limitations

In New York, as in the majority of states, medical malpractice claims must be filed within a statute of limitations. Parents have two and a half years from the date of the act or omission believed to cause injury to their child to file a lawsuit.

Your attorney can look over the medical records of your child to determine which obstetricians, nurses and other hospital staff may have been involved in your son or daughter's birth. They will ask for any documents and information related to the injury of your child.

Your lawyer must prove malpractice by establishing that the defendant was bound by obligations to your child and violated it by failing to provide the proper care in similar circumstances. To prove this, your lawyer will work with medical experts in comparing 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 an important insight into the decision-making process of the doctor and how a specific error or omission contributed to the birth injury suffered by your child. Your lawyer could then use this evidence to prove your claim for compensation. A successful medical malpractice lawsuit involves two distinct legal claims: one for the child who was injured and one for the parents.

Expert Witnesses

With the right assistance families can secure compensation that covers medical bills, lost income from absence from work, rehabilitative treatments and therapies as well as the cost of long-term care. The most important factor to win a birth-injury case is having the most experienced experts on your side.

These individuals can review the evidence and provide their professional opinions on whether a medical professional acted in breach of their duty of care in carrying out an act that could have led to an infant's injuries. They can also explain complex medical terms to make them easier for judges or jury to comprehend.

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





Experts must also read relevant medical records as well as current research in making an informed judgement. In some instances, experts may be called to appear in deposition (sworn out-of court statement). These sessions are intimidating but they are a crucial part of preparing for a case. Your attorney can help prepare for these sessions and ensure that you are treated fairly.