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Birth Injury Litigation
Medical negligence during delivery and labor can result in severe birth injuries for infants. These injuries can have a long-lasting impact on the child as well as their family.
A successful lawsuit can help pay for medical costs now and in the future, lost wages, and other damages. However it can take a long time to get.
Compensation
Despite the incredible medical advances yet, childbirth is dangerous procedure. Both mothers and babies expect that doctors act with professionalism and avoid blunders that could result in long-lasting harm. If you suspect that the doctor or hospital was negligent in causing the injury to your baby or harm, you should speak with a New York birth injuries lawyer to determine the legal options you have.
If you are successful in your claim, you will receive financial compensation. This could include future and ongoing medical costs as well as lost wages, emotional stress and many other damages. In certain cases juries and judges could also award punitive damages in the event of egregious behavior.
birth injury lawyer will collaborate closely with network experts witnesses to determine what happened and the standard of care you should expect. They will review your medical records and evaluate the actions of the medical staff who were present during your delivery. This information will help them create a strong case and maximize your chances of success.
Typically your lawyer will attempt to reach a settlement with the malpractice insurance company prior to filing a lawsuit. This requires submitting an agenda of demands that includes a comprehensive statement outlining your family's losses and medical evidence to back the claims. The malpractice insurer will then make an offer. If there is no settlement the case will proceed to trial.
Damages
The damages a plaintiff receives could be monetary (such as medical bills) or non-economic (such as pain and suffering). In many cases, juries award both. The amount of damages that an individual victim will be awarded is based on how their accident has affected them, and also their past and future losses. Certain states also impose limits on the amount that an individual jury can award in non-economic damages.
To be able seek compensation, you must prove that the defendant has violated their duty of care. This is done through the use of medical documents and expert witness testimony and depositions. Medical experts are people with specialized knowledge in a particular area of medicine. They evaluate all evidence and can be called in to testify in court if required. In cases of birth injuries, the expert will establish that the defendant's actions were outside the guidelines of an medical professional with similar training and experience.
Attorneys can also question anyone with a pertinent story, or who has an unusual perspective. These are sworn out-of-court statements that allow attorneys to directly question witnesses about what happened. Some depositions are conducted over the phone or through a video conference, but the majority are conducted in the courtroom. These conversations can be difficult and stressful, but they are important in establishing a strong case and securing the highest possible compensation for clients.
Statute of Limitations
In New York, as in the majority of states, medical malpractice claims must be filed within the time frame of a statute of limitations. Parents have two and one-half years from date of an incident or omission to have led to the injury of their child to pursue a lawsuit.
Your attorney can look over the medical records of your child to determine whether any nurses or obstetricians as well as other hospital personnel, were involved in the birth of your son or daughter. He or she can then request any relevant documents and other information that could aid in determining the cause of your child's injuries.
In order to prove the malpractice, your lawyer must establish that the defendant owed your child a obligation and then violated this obligation by failing to meet the standards of care required in similar circumstances. To prove this, your attorney will work with medical experts to compare the actions of the medical professional to accepted practices and procedures.
A lawyer can also assist you to find witnesses to testify in your case. They can provide valuable information about the process used by doctors to make decisions and the way in which an error or omission resulted in your child's birth injuries. Your lawyer will then be able to use this evidence to support your claim for compensation. A successful medical malpractice case involves two separate legal claims, one for the child that was injured and one for their parents.
Expert Witnesses
Families can seek compensation for medical expenses, lost wages due to absences from work as well as rehabilitation therapies and treatments as well as long-term care expenses with the right help. The key to winning the birth-injury lawsuit is having the most experienced expert witnesses on your side.
They can look over the evidence and give their professional opinion on whether a medical professional acted in breach of their duty of care by performing an action that could have resulted in injuries to an infant. They can explain complicated medical terms to make them easier for a judge or jury to comprehend.
The expert witness's job is to provide an objective medical opinion that reflects the current state of knowledge at the time of the event. This means they should not ignore relevant information in order to present a favorable impression for either the plaintiff or defendant.
Experts must also look over the relevant medical records as well as contemporaneous literature with sufficient depth in order to form a sound opinion. In certain cases experts may be required to make a deposition (sworn out-of court statement). These meetings can be stressful but they are a crucial part of preparing for a trial. Your attorney can assist you prepare for these sessions and make sure that you are treated fairly.
