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Birth Injury Litigation

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

A successful lawsuit may help with medical costs now and in the future along with lost wages and other damages. However the process of obtaining a lawsuit that is successful can take years to reach.

Compensation

Despite incredible medical advances childbirth can be dangerous. Both mothers and babies expect that doctors will act professionally and avoid mistakes that could result in long-lasting harm. If your baby suffered an injury that was caused by negligent actions of a hospital or doctor You might want to contact a New York birth injury lawyer to determine the legal recourse you have.

If you're successful in your claim, you'll be awarded financial compensation. This could cover current and future medical expenses, lost wages, emotional stress, and other potential areas of damage. In certain cases juries or judge may also award punitive damages in the event of unjust conduct.

Your attorney will work closely with network experts witnesses to determine what occurred and the standard of care you should expect. They will go through your records and examine the actions of the medical team present during your delivery. This will help them build a strong case to increase your chances of success.

Typically, your lawyer will try to reach a settlement with the malpractice carrier before filing a lawsuit. This will require submitting an array of demands that includes a full description of your family's losses and medical evidence that supports the claims. The malpractice insurer will then make an offer. If there is no settlement the case will proceed to trial.

Damages

The damages plaintiffs may be awarded are either economic (such a medical bills) or non-economic (such as suffering and pain). In a majority of cases the jury awards both. The amount of the 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 the past and future losses. Certain states also have limits on how much a jury can award in non-economic damages.

To be able to claim compensation, you must prove that the defendant has violated their duty of caring. This is done by the use of medical documents as well as expert witness testimony and depositions. Medical experts are people who are experts in a specific field of medicine. They examine all evidence in the case and testify at trial if needed. In cases involving birth injuries, the expert will prove that the defendant's actions are against the standard of care expected from medical professionals with the same training and experience in the case's circumstances.

In addition to medical experts, attorneys can also conduct depositions of any person who has an interesting story or insight. They are sworn statements that are delivered outside of court that permit lawyers to inquire of witnesses directly what happened. Some depositions are conducted on the phone or through a video conferences, but the majority are conducted in a courtroom. These conversations are often difficult and stressful, but are essential to establishing a strong case for clients and obtaining the highest 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 two-and-a-half years from the date of an incident or omission that is believed to cause the injury of their child to bring 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 daughter or son's birth. The attorney can request any relevant documents and information that could help determine the reason for your child's injuries.

In order to prove malpractice, your lawyer has to prove that the defendant was bound by a duty and breached this duty by failing to adhere to the standards of care required in similar circumstances. To demonstrate this, your attorney will collaborate with medical experts to evaluate the actions of a medical professional with accepted practices and procedures.





A lawyer can assist you locate witnesses to provide testimony in your case. These professionals can give valuable insights into the process used by doctors to make decisions and explain how a particular error or omission led to the birth injury of your child. Your lawyer could then use this evidence to back up your claim for compensation. A successful medical malpractice claim involves two separate legal claims, one for the child that was injured and another for their parents.

Expert Witnesses

Families can seek compensation for medical expenses, lost wages due to the absence of work, rehabilitation treatments and therapies as well as costs for long-term health care with the right help. But the most important thing to winning a birth injury lawsuit is having the most experienced expert witnesses possible for your case.

These individuals can review evidence and offer an expert opinion on whether a medical professional acted in violation of their duty of care by performing an act which could have caused the injury of an infant. They can explain difficult medical terms to make them easier for judges or jury to comprehend.

The role of an expert witness is to offer an objective medical opinion that is based on the current knowledge as of the date of the event. This means they must not exclude any relevant information to create an opinion that is more favorable to either the plaintiff or the defendant.

Experts should also examine the relevant medical records and contemporaneous literature with sufficient thoroughness in order to form a sound opinion. In some instances experts could be required to give an oath in the courtroom. These meetings can be stressful however they are an essential part of preparing for a trial. Your attorney can assist you prepare for these sessions and make sure that you are treated with respect.