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Birth Injury Litigation
Medical mistakes during labor and delivery can result in serious birth injuries for infants. These injuries can have a lasting impact on the child and their family.
A successful lawsuit can help with medical costs now and in the future in the future, lost wages, and other damages. A successful lawsuit can take years to achieve.
Compensation
Despite remarkable medical advances childbirth can be dangerous. Mothers and babies alike expect that doctors behave professionally and avoid errors that could cause long-lasting damage. If your baby was injured that was due to the carelessness of a doctor or hospital, you may want to contact an New York birth injury lawyer to find out what legal recourse you have.
If you are successful in your claim, you will be awarded financial compensation. This could cover the medical costs of the present and future and lost earnings, emotional distress, and other areas of damage. In some instances juries or judge may also award punitive damages for the most egregious of conduct.
Your attorney will collaborate with a team of experts witnesses to discover what happened and define the accepted standard of care. They will review all of your medical records and analyze the actions of your medical team during your birth. This information will help them create a strong case and increase your chances of success.
Before bringing a lawsuit your lawyer will typically attempt to bargain with the malpractice insurer. This will require submitting an array of demands which includes a detailed statement outlining your family's losses and the medical evidence that supports the claims. The malpractice insurance company will respond with an offer. If no settlement is reached, the lawsuit will proceed to trial.
Damages
The damages plaintiffs may be awarded can be monetary (such a medical bills) or not-economic (such pain and suffering). In a lot of cases juries award both. The amount of damages that a victim is awarded will be based on the degree to which the accident has affected their lives and also the evidence of their past and future losses. Some states also place limits on the amount that a jury can award for non-economic damages.
In order to seek compensation the plaintiff must prove that the defendant did not fulfill their duty of care. This is accomplished by a combination of medical records as well as expert witness testimony and depositions. Medical experts are those who are knowledgeable in a particular area of medical practice. They review all evidence in the case and can testify at trial if necessary. In cases involving birth injuries, the expert will prove that the defendant acted outside of the standard of care expected from medical professionals who has the same education and experience in the particular case.
In addition to medical experts, attorneys will also be able to depose anyone who has a relevant story or insight. They are sworn, outside-of-court statements that allow attorneys to directly question witnesses about what happened. Depositions can be conducted over the telephone or via videoconference however, the majority are held in court. These conversations can be difficult and stressful, but they are important in establishing a strong case and securing the most favorable compensation for clients.
Statute of limitations
In New York, as in many states, medical negligence claims must be filed within the statute of limitations window. Parents have a maximum of two and a half years to file a suit within the time frame of a negligent act, omission or inaction that they believe caused the injuries of their child.
Your attorney can review the medical records of your child to determine which doctors, nurses, and other hospital staff might have been involved in your son's or daughter's birth. He or she will then request any documents or information relevant to the injury of your child.
Your lawyer must prove that there was a breach of contract by establishing that the defendant owed obligations 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 in comparing the actions of the medical professional with accepted procedures and practices.
A lawyer can help identify witnesses who can provide testimony in your case. They can provide valuable information about the process used by doctors to make decisions and how a mistake or omission resulted in your child's birth injuries. Your lawyer will then be able to use this evidence to back up your claim for compensation. A successful medical malpractice claim involves two distinct legal claims one for the child who was injured and another for the parents.
Expert Witnesses
Families can receive compensation for medical bills, lost wages from absences from work, rehabilitation treatments and therapies as well as long-term care expenses with the right help. The key to winning a birth injury case is having the top experts to be on your side.
They can look over the evidence and give their professional opinion on whether a medical professional acted in breach of their obligation of care by taking an act which could have resulted in injuries to an infant. They can explain complicated medical terms to make it easier for judges or jury to comprehend.
The expert witness's job is to provide an unbiased medical opinion that is reflective of the current state of the art as of the date of the event. This means that they should not omit any relevant information to develop an opinion that is more favorably disposed to either the plaintiff or defendant.
Experts should also thoroughly review relevant medical records as well as current literature to enable them make an informed decision. In certain cases experts may be required to give an oath outside of court. These sessions can be stressful however they are an essential aspect of making a case. Your lawyer can help you prepare for these sessions and ensure that you are treated fairly.
