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Birth Injury Litigation

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

A successful lawsuit can be used to pay for current and future medical expenses, lost wages and other damages. However, a successful lawsuit can take years to obtain.

Compensation

Despite remarkable medical advances the risk of childbirth is still high. Both mothers and babies expect that doctors will act professionally and avoid errors which could have lasting consequences. If you think a doctor or hospital was negligent in causing the injuries to your baby or harm, you should speak with 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 can include future and present medical expenses, lost wages, emotional stress and a variety of other damages. In certain instances juries or judge may also award punitive damages in the event of egregious conduct.

Your attorney will collaborate in conjunction with a network of experts witnesses to discover what happened and establish the standard of care that is accepted. They will go through all of your medical records and evaluate the actions of your medical team during your delivery. This information will help build solid arguments and increase your chances for success.

Typically your lawyer will attempt to reach a settlement with the malpractice insurance company prior to filing a lawsuit. This requires submitting an array of demands that includes a comprehensive statement outlining your family's losses and the medical evidence that supports the claims. The malpractice insurer will then make an offer. If a settlement is not reached, the case will go to trial.

birth injury attorneys of damages a plaintiff is awarded could be monetary (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases, juries award both. The amount of damages the victim is awarded will be based on the extent to which the injury has impacted their life, and also the evidence of their past and future losses. Certain states restrict the amount of non-economic damages that juries may decide to award.

In order to be eligible for compensation, you must show that the defendant did not fulfill their duty of care. This is done by combining medical records, expert testimony, and depositions. Medical experts are individuals who are experts in a certain area of medicine. They evaluate all evidence in the case and testify at trial if necessary. In cases involving birth injuries, the expert will help establish the defendant's actions are not in the scope of care for an medical professional with similar experience and training.

In addition to medical experts, attorneys can also take the depositions of anyone who has an important story or insight. These are sworn statements made outside of court that permit attorneys to ask witnesses directly what happened. Some depositions can be conducted over the phone or by video conference, but the majority are held in the courtroom. These meetings can be challenging and stressful but they are essential to build a strong case and securing the most favorable compensation for clients.

Statute of Limitations

In New York, as in the majority of states, medical malpractice claims must be filed within a timeframe of. Parents have two and two-and-a-half years from the date of an incident, omission or failure believed to cause the injury of their child to make a claim.

Your attorney may review the medical records of your child to determine whether any nurses or obstetricians as well as other hospital staff were involved in the birth of your son or daughter. They can seek any relevant documents and data that can help identify the cause of your child's injuries.

Your lawyer has to prove the case of malpractice by establishing that the defendant owed the child a duty and failed to provide the standard of care under similar circumstances. To prove this, your attorney will work with medical professionals to evaluate the actions of the medical professional with accepted practices and procedures.

A lawyer can help find witnesses who will testify in your case. These professionals can give an insight into the process used by doctors to make decisions and explain how a particular error or omission led to your child's birth injury. Your lawyer can then use the evidence to support your claim for compensation. A successful medical malpractice case involves two distinct legal claims: one for the child who has been injured and another for the parents.





Expert Witnesses

With the right help families can secure compensation to cover medical expenses as well as lost earnings due to working hours taken off rehabilitation and therapy as well as the cost of long-term medical care. The key to winning an injury case at birth is having the most skilled expert witnesses on your side.

They will review the evidence and provide their professional opinions on whether a medical professional breached their duty of care in carrying out an action 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 role of an expert witness is to provide objective medical testimony that is based on the state of medical knowledge at the time of the event that is being investigated. This means that they should not exclude any relevant facts to form an opinion that is more favorably disposed to either the plaintiff or defendant.

Experts should also carefully review relevant medical records and contemporary literature to enable them make an informed decision. In some instances experts could be asked to give a sworn statement outside of the courtroom. These sessions can be daunting however they are an essential aspect of making an argument. Your attorney can help prepare for these sessions and make sure that you are treated with respect.