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Birth Injury Litigation
Medical mistakes during labor and delivery can cause serious birth injuries to infants. These injuries can have a lasting impact on the infant and their family.
A successful lawsuit could aid in the payment of medical expenses now and in the future as well as lost wages and other damages. However it could take years to obtain.
Compensation
Despite the amazing advances in medical technology however, childbirth remains an extremely risky process. Parents and their babies expect doctors in attendance to be professional and avoid making mistakes which could have long-lasting consequences. If you believe an institution or doctor is liable for the injuries to your baby then you should contact a New York birth injuries lawyer to determine the legal options you have.
A successful claim for birth injuries will result in financial compensation. This could cover current and future medical expenses as well as lost wages, emotional distress and other areas of damage. In certain instances juries or judges could also award punitive damages for egregious conduct.
Your attorney will work closely with a network of expert witnesses to determine what took place and the accepted standard of care. They will go through all your medical records and analyze the actions taken by medical personnel during your birth. This information will help build solid arguments and increase your chances of success.
Before bringing a lawsuit your lawyer is likely to attempt to bargain with the malpractice insurance company. This will require you to submit an itemized list of demands that includes a comprehensive statement outlining your family's losses as well as the medical evidence to back them. The malpractice insurer will respond with an offer. If a settlement cannot be reached, the case will go to trial.
Damages
The damages that a plaintiff receives can be either economic (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases, juries award both. The amount of money the victim is awarded is based on how the injury has affected them, as well as their previous and future losses. Some states also set restrictions on the amount an individual jury can award in non-economic damages.
In order to seek compensation, it must be proven that the defendant acted in breach of their duty of care. This is accomplished by using medical documents, expert testimony, and depositions. Medical experts are people who are experts in a particular field of medical practice. They examine all evidence and can testify in court if needed. In cases of birth injuries, experts will be able to prove that the defendant's actions were against the standard of care for medical professionals with the same training and experience in the case's circumstances.
Attorneys can also question anyone with a relevant story or with an exclusive perspective. These are sworn statements made outside of court that permit attorneys to ask witnesses directly what happened. Some depositions are conducted via the phone or through a video conferences, but the majority are held in the courtroom. These meetings can be challenging and stressful however they are crucial in establishing a strong case and securing the highest possible compensation for clients.
Statute of Limitations
In New York, as in the majority of states, medical malpractice claims must be filed within the time frame of a statute of limitations. Parents have up to two and a quarter years to file a lawsuit within the time frame of a wrongful act, omission, or omission they believe caused the injuries of their child.
Your attorney can review the medical records of your child to determine whether any nurses or doctors as well as other hospital personnel, were involved in the birth of your son or daughter. The attorney will request any documents and details that relate to the injuries of your child.
Your lawyer must prove malpractice by proving that the defendant was bound by an obligation to your child and breached it by failing to provide the proper care in similar circumstances. To prove birth injury attorneys , your lawyer will work with medical experts to compare the medical professional's actions to accepted practices and procedures.
A lawyer can also assist you to find witnesses to testify in your case. These professionals can provide valuable insight into the process used by doctors to make decisions and the way in which an error or omission caused the birth injuries of your child. Your lawyer could then use this evidence to back up your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child that was injured and the other for their parents.
Expert Witnesses
With the right help families can secure compensation that covers medical bills as well as lost earnings due to time off from work as well as rehabilitative therapies and treatments in addition to the cost of long-term care. The key to winning a birth-injury case is having the most qualified experts as your witnesses.
These individuals are able to review evidence and provide a professional opinion on whether a medical professional has violated their duty to care by performing an act that could have caused an infant's injury. They can also explain complicated medical terms to make it easier for judges or jury to understand.
The expert witness's job is to provide an unbiased medical opinion that is based on the current knowledge at the time of the event. This means they must not exclude any relevant information in order to form a view that is more favorably disposed to either the plaintiff or the defendant.
Experts should also carefully review relevant medical records and recent literature to enable them in making an informed judgement. In some cases experts may be required to give deposition (sworn out-of court statement). These sessions can be stressful but they are a crucial part of making a case. Your lawyer can help you prepare for these sessions and make sure that you are treated with respect.
