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Birth Injury Litigation

Medical negligence during delivery and labor can result in serious birth injuries to infants. These injuries can have a long-lasting impact on the child as well as their families.

A successful lawsuit can be used to pay for current and future medical expenses, lost wages, and other damages. However, a successful lawsuit can take years to reach.

Compensation

Despite the amazing medical advancements yet, childbirth is dangerous procedure. Parents and their babies expect doctors in attendance to be professional and avoid mistakes that could have lifelong consequences. If your baby was injured due to carelessness of a medical professional or hospital You might want to speak with a New York birth injury lawyer to determine what legal recourses you have.

A successful claim for birth-related injuries can result in financial compensation. This could include future and ongoing medical costs loss of wages, emotional stress and other potential damages. In some cases juries and judges could also award punitive damage for egregious behavior.

Your attorney will work closely with a network expert witnesses to determine what transpired and the standard of care that is accepted. They will review your medical records and evaluate the actions of the medical professionals present during your delivery. This information will help build solid arguments and increase your chances for success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice insurer prior to filing an action. This will involve the submission of a demand document, which includes a detailed account of your family's losses along with medical evidence that supports them. The malpractice insurance company will make an offer. If a settlement cannot be reached, the lawsuit will go to trial.

Damages

The damages a plaintiff can receive can be either financial (such medical bills) or non-economic (such s suffering and pain). In a lot of cases, juries award both. The amount of money an individual victim will be awarded is determined by how the accident has affected them in addition to their past and future losses. Certain states also have limits on how much a jury can award for non-economic damages.

To be able to seek compensation, you must show that the defendant breached their duty to care. This is accomplished by combining medical evidence, expert testimony and depositions. Medical experts are individuals who are experts in a particular area of medical practice. They scrutinize all evidence in the case, and testify at trial, if needed. In cases involving birth injuries, the expert will help establish the defendant's actions did not meet the standards of care expected of medical professionals with similar training and experience.

In addition to medical experts, attorneys will be able to depose anyone who has an important story or insight. These are sworn, out-of-court statements that allow attorneys to ask witnesses directly about what transpired. Some depositions can be conducted over the phone or by video conference however, the majority are held in the courtroom. These depositions can be difficult and stressful however they are crucial to build a strong case and obtaining the best compensation for clients.

Statute of Limitations

As in most states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have two and a half years from the date of an incident or omission believed to cause the injury of their child to pursue a lawsuit.

Your attorney will be able to review the medical records of your child to determine whether any nurses or doctors as well as other hospital staff were involved in the birth of your son or daughter. He or she will ask for any documents and information related to the injury of your child.

In order to prove negligence, your lawyer must establish that the defendant was bound by a obligation, and then breached it by failing to meet the standard of care under similar circumstances. To prove this, your lawyer will work with medical professionals in comparing the actions of the medical professional with accepted practices and procedures.

A lawyer can also help you identify witnesses and find them to testify on your behalf. These experts can provide an important insight into the process used by doctors to make decisions and how a specific error or omission could have led to the birth injury lawyers injury suffered by your child. Your lawyer can then use this evidence to back up your claim for compensation. A successful medical malpractice case involves two separate legal claims one for the child who has been injured and one for the parents.

Expert Witnesses

Families can receive compensation for medical expenses, lost wages resulting from time off work, rehabilitation treatments and therapies as well as long-term care expenses with the right help. But the key to successfully winning a birth injury lawsuit is having the best expert witnesses possible for your case.

They are able to look over evidence and provide a professional opinion on whether a medical professional has violated their duty of caring by performing an act that could have caused the injury of an infant. They can simplify medical terms for a jury or judge to comprehend.

The expert witness's role is to provide an unbiased medical opinion that is based on the current state of knowledge at the time of the incident. This means they should not exclude relevant information in order to provide a more favorable view for either the plaintiff or the defendant.

Experts should also study the relevant medical records as well as contemporaneous literature with sufficient thoroughness to allow them to form an informed opinion. In certain instances experts may be asked to give an oath in the courtroom. These sessions can be daunting but are an important part of making a case. Your attorney can assist you prepare for these sessions and ensure that you are treated with respect.