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Birth Injury Litigation

Medical negligence during labor and delivery can cause serious birth injuries for infants. These injuries have a lasting impact on the child as well as their family.

A successful lawsuit can pay for future and current medical expenses, loss of wages, and other damages. However it could take years to complete.

Compensation





Despite amazing medical advances birth can be a risky. Parents and their babies expect doctors in attendance to behave professionally and avoid errors that could have lasting consequences. If you suspect that the hospital or doctor is liable for the injury to your baby then you should contact a New York birth injuries lawyer to determine what legal options you have.

A successful claim for birth injuries results in financial compensation. This can include current and future medical costs and lost wages, emotional stress and a variety of other damages. In certain cases juries or judge may also award punitive damages in the event of unjust conduct.

Your attorney will collaborate with a network of expert witnesses to determine what occurred and establish the standard of care that is accepted. They will go through all of your medical records and analyze what the medical staff did during your birth. This will help to build strong arguments and increase your chances of success.

Typically, your lawyer will try to reach a settlement with the malpractice insurer prior to filing an action. This would involve the submission of a demand document, which will include a written statement of your family's losses as well as the medical evidence to support them. The malpractice insurance company will respond with an offer. If a settlement is not reached, the case 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 many cases, juries decide to award both. The amount of compensation the victim is awarded will depend on how the injury has affected them in addition to their past and future losses. Some states also place limits on the amount that an individual jury can award in non-economic damages.

In order to be eligible for compensation, you must show that the defendant has violated their duty of caring. This is done by using medical evidence, expert testimony and depositions. Medical experts are individuals who are experts in a specific area of medical practice. They examine all evidence in the case and testify at trial if necessary. In cases involving birth injuries experts will be able to prove that the defendant's actions fall against the standard of care for an expert in medicine who has the same education and experience in the particular case.

Attorneys will also depose anyone with a relevant story, or who has an unique perspective. These are legally sworn statements that are made outside of court and permit attorneys to inquire about witnesses directly what transpired. Some depositions are conducted over the phone or via video conference, but the majority are held in the courtroom. These depositions are often challenging and stressful but are crucial in establishing a strong argument for clients and obtaining the maximum possible compensation.

Statute of limitations

Like many states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and one-half years from date of the act or omission to cause the injury of 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 personnel might have been involved in your son's or daughter's birth. He or she may then seek any relevant documents and information that may help determine the cause of your child's injuries.

Your lawyer has to prove the case of malpractice by proving that the defendant owed an obligation to your child and violated it by failing to provide the proper care under similar circumstances. To prove this, you attorney will collaborate with medical professionals to compare the actions of the medical professional with accepted practices and procedures.

A lawyer can also help you identify witnesses and find them who can testify about your case. These professionals can provide valuable information about a doctor's decision making process and how an error or omission caused your child's birth injuries. This evidence can be utilized by your lawyer to support your claim for compensation. A successful medical malpractice case requires two separate legal claims one for the injured child and another for the parents.

Expert Witnesses

With the right support families can receive compensation that covers medical bills as well as lost earnings due to time away from work rehabilitation and therapy and the costs of long-term health care. birth injury lawyers to winning the birth-injury lawsuit is having the most experienced expert witnesses on your side.

They can look over the evidence and provide their professional opinions on whether a medical professional breached their duty of care in carrying out an action which could have resulted in an infant's injury. They can simplify medical terms for juries or judge to understand.

The job of an expert witness is to provide impartial medical testimony that reflects the state of knowledge at the time of the event relevant to the case. This means they must not exclude any relevant information to develop a view that is more favorable to either the plaintiff or defendant.

Experts should also examine the relevant medical records and contemporaneous publications with enough depth in order to form a sound opinion. In some instances, an expert may be required to make a sworn statement outside of the courtroom. These meetings can be stressful however they are a crucial part of preparing for a case. Your lawyer can help you prepare for these sessions and ensure that you are treated fairly.