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Birth Injury Litigation
Medical mistakes during labor and delivery can result in serious birth injuries to infants. These injuries have a lasting impact on the child as well as their family.
A successful lawsuit can be used to pay for future and ongoing medical expenses, loss of wages, and other damages. A successful lawsuit could take a long time to complete.
Compensation
Despite the amazing medical advancements birth is still an unwise procedure. Babies and mothers expect the doctors who attend to behave professionally and avoid making mistakes that could have lasting consequences. If you believe that an institution or doctor was negligent in causing the injury of your baby, you should contact a New York birth injuries lawyer to determine what legal options you have.
If you are successful in your claim, you'll receive financial compensation. This could cover current and future medical expenses and lost wages, emotional stress, and other areas of damage. In some instances juries and judges can also award punitive damage for unacceptable behavior.
Your attorney will collaborate closely with a network expert witnesses to determine what occurred and the accepted standard of care. They will review your medical records and review the actions of the medical personnel present during your delivery. This information will help you build strong arguments and increase your chances of success.
Typically, your lawyer will try to reach a settlement with the malpractice insurance company prior to filing a lawsuit. This will mean submitting an agenda of demands that includes a comprehensive declaration of the losses suffered by your family and the medical evidence to justify the claims. birth injury lawyers will make an offer. If there is no settlement, the case will go to trial.
Damages
The damages the plaintiff could be awarded can be either financial (such a medical bills) or non-economic (such as pain and suffering). In many cases, juries award both. The amount of damages an individual victim receives will be determined by the degree to which the accident has affected their life, and also the evidence of the past and future losses. Some states also set limitations on the amount a jury can award for non-economic damages.
In order to be eligible for compensation, you must show that the defendant did not fulfill their duty to care. This is done by the use of medical records, expert witness testimony, and depositions. Medical experts are people who are knowledgeable in a specific field of medicine. They examine all evidence and may be able to testify in court, if needed. In cases involving birth injuries, the expert will help establish the defendant's actions did not meet the standards of care expected of medical professionals with similar experience and training.
In addition to medical experts, attorneys will be able to depose anyone who may have relevant information or a story to share. These are legally sworn statements delivered outside of court that permit lawyers to inquire of witnesses directly what transpired. Some depositions are 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 vital in establishing a strong argument and obtaining the best 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 two and a half years from date of the act or omission to have caused their child's injury to file a lawsuit.
Your attorney may review 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 seek any documents or information that pertains to the injuries of your child.
If you want to prove that there was a misconduct, your lawyer needs to establish that the defendant was bound by a obligation, and then breached it by failing to uphold the standard of care under similar circumstances. To prove this, your lawyer will collaborate with medical experts to compare the actions of the medical professional to accepted practices and procedures.
A lawyer can assist you locate witnesses to be available to testify in your case. These professionals can give an important insight into the process used by doctors to make decisions and explain how a particular error or omission caused the birth injury of your child. The evidence could be used by your lawyer to justify your compensation claim. A successful medical malpractice lawsuit involves two distinct legal claims: one for the injured child and one for the parents.
Expert Witnesses
With the right support 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 cost of long-term medical care. However, the key to winning a birth injury case is having the top experts on your side.
These individuals can review the evidence and offer a professional opinion as to whether a medical professional violated their duty of care when they performed an act that could have caused injuries to an infant. They can simplify medical terms for juries or judge to understand.
The expert witness's role is to give an impartial medical opinion that is reflective of the current state of the art at the time of the event. This means they shouldn't remove relevant information to give a more favorable view for either the plaintiff or defendant.
Experts should also review the relevant medical records as well as contemporaneous literature with sufficient depth so that they can form an informed opinion. In certain cases experts may be required to appear in a deposition (sworn out-of-court statements). These sessions can be daunting however they are an essential part of preparing for a case. Your attorney can prepare you for these sessions and ensure that you are treated with respect.
