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Birth Injury Litigation
Medical negligence during the delivery process and labor can result in serious birth injuries for infants. These injuries can have a lasting impact on the child as well as their family.
A successful lawsuit can be used to 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. Both mothers and babies expect that doctors act in a professional manner and avoid mistakes that could have long-lasting consequences. If your baby was injured caused by the negligence of a doctor or hospital, you may want to speak with an New York birth injury lawyer to determine the legal options you have.
A successful claim for birth injuries will result in financial compensation. This can cover current and future medical expenses and lost wages, emotional distress and other potential areas of damage. In some instances juries and judge may also award punitive damage for unacceptable behavior.
Your attorney will collaborate with a network of expert witnesses to understand what happened and establish the standard of care that is accepted. They will review all your medical records and analyze the actions of your medical team during your birth. 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 carrier before filing an action. This will require you to submit an itemized list of demands that includes a full statement outlining your family's losses and the medical evidence to back them. The malpractice insurance company will respond with an offer. If no settlement is reached the case will go to trial.
Damages
The damages that plaintiffs can be awarded can be either financial (such medical bills) or non-economic (such the pain and suffering). In a lot of cases the jury awards both. The amount of damages an individual victim receives will be based on the extent to which the incident has impacted their life, as well as evidence of their past and future losses. Some states also set limits on the amount that a jury can award in non-economic damages.
To be able to seek compensation, you must show that the defendant did not fulfill their duty to care. This is done by mixing medical records, expert testimony and depositions. Medical experts are those who specialize in a certain area of medicine. They examine all evidence and may appear in court if they are required. In cases involving birth injuries the expert will prove that the defendant acted in a way that is not consistent with the standard of care expected from an expert in medicine with similar training and experience in the case's circumstances.
In addition to medical experts, attorneys can also take the depositions of anyone who has an interesting story or insight. These are sworn out-of-court statements that permit attorneys to question witnesses directly about what happened. Depositions can be conducted over the phone or by video conference but the majority are held in court. These conversations can be difficult and stressful however they are crucial to build a strong case and obtaining the best compensation for clients.
Statute of limitations
In New York, as in many states, medical negligence claims must be filed within a statute of limitations window. Parents have two and one-half years from date of an incident, omission or failure believed to have led to the injury of their child to make a claim.
Your attorney can look over your child's medical records to determine which obstetricians nurses and other hospital personnel might have been involved in your son or daughter's birth. He or she may then request any relevant documents and information that could help identify the cause of your child's injuries.
If you want to prove that there was a negligence, your lawyer must establish that the defendant was responsible for your child's obligation and violated that duty by failing to uphold the standards of care in similar circumstances. To prove this, your attorney will work with medical professionals to compare the actions of the medical professional with accepted procedures and practices.
A lawyer can help you locate witnesses to testify in your case. They can provide valuable information about the process used by doctors to make decisions and what caused the birth injury of your child. Your lawyer can then utilize this evidence to back up your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child who is injured and one for their parents.
Expert Witnesses
With the right assistance families can get the compensation they need to pay medical bills and lost income due to time away from work, rehabilitative treatments and therapies and the cost of long-term care. The most important factor to win a birth-injury claim is having the most experienced expert witnesses on your side.
They are able to look over evidence and provide a professional opinion on the extent to which a medical professional breached their duty of caring by doing something which could have caused injuries to an infant. They can simplify medical terms for juries or judge to comprehend.
The role of an expert witness is to provide objective medical testimony that is based on the state of knowledge at the time of the incident in question. This means that they should not exclude any relevant information to create an opinion that is more favorable to either the plaintiff or defendant.
Experts should also examine the relevant medical records as well as contemporaneous literature with sufficient depth to enable them to form a sound opinion. In some cases experts may be required to appear in a deposition (sworn out-of-court statement). These sessions can be daunting however they are a necessary part of preparing for a trial. Your attorney can help you prepare for these sessions and ensure that you are treated fairly.
