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Birth Injury Litigation

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

A successful lawsuit could help pay for medical costs now and in the future, lost wages, and other damages. A successful lawsuit can require years to obtain.

Compensation

Despite the incredible medical advances however, childbirth remains an unwise procedure. Both mothers and babies expect that doctors act with professionalism and avoid mistakes that could have long-lasting consequences. If your baby suffered an injury that was caused by carelessness of a doctor or hospital you might want to consult an New York birth injury lawyer to see what legal options you have.

If you're successful with your claim, you'll be awarded financial compensation. This can be used to pay for future and current medical expenses as well as lost wages, emotional distress, and other potential areas of damage. In some instances juries and judge may also award punitive damage for an act of adversity.

Your attorney will work with a network of expert witnesses to discover what happened and establish the accepted standard of care. They will go through your entire medical record and evaluate what the medical professionals did during your birth. This information will help you build a strong argument and maximize your chances for success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice carrier before filing an action. This requires submitting a package of demands, that includes a full account of the losses your family has suffered and the medical evidence that supports the claims. The malpractice insurer will then make an offer. If there is no settlement the case will go to trial.

Damages

The amount of damages a plaintiff is awarded can be either economic (such as medical bills) or non-economic (such as pain and suffering). In many cases juries award both. The amount of damages that a victim is awarded 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 restrict the amount of non-economic damages juries may award.

To be able to seek compensation the case must prove that the defendant violated their duty of care. This is done by combining medical documents, expert testimony, and depositions. Medical experts are those who are knowledgeable in a specific area of medicine. They examine all evidence and can appear in court if they are required. In birth injury lawyers injury cases, the expert will help establish that the defendant acted outside of the standard of care for an expert in medicine with the same experience and training in the specific circumstances of the case.

Attorneys may also depose anyone who has a relevant story, or who has an unusual perspective. They are sworn, outside-of-court statements that permit attorneys to ask witnesses directly about what happened. Some depositions are conducted via telephone or via videoconference however, the majority are conducted in the courtroom. These conversations are often difficult and stressful, but are essential in establishing a strong argument for clients and obtaining the best possible amount of compensation.

Statute of Limitations

In New York, as in most states, medical malpractice claims must be filed within the statute of limitations. Parents have two and two and a half years from date of an incident or omission 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 if any obstetricians or nurses along with other hospital personnel, were involved in the birth of your child or daughter. He or she will seek any documents or information relevant to the injury of your child.

In order to prove the negligence, your lawyer must establish that the defendant was responsible for your child's duty and breached this duty by failing to meet the standard of care under similar circumstances. To prove this, your attorney will work with medical experts to compare the medical professional's actions to accepted practices and procedures.

A lawyer can also assist you to identify and locate witnesses 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 mistake or omission led to your child's Birth Injury Lawsuit injury. This evidence can be used by your lawyer to justify your compensation claim. A successful medical malpractice case requires two distinct legal claims one for the child injured and one for parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages due to time off work as well as rehabilitation therapies and treatments as well as long-term care expenses with the right assistance. But the most important thing to winning a birth injury case is having the top experts available on your side.

These individuals are able to review the evidence and provide an expert opinion on the extent to which a medical professional breached their duty of care by performing an act that could have resulted in an infant's injury. They can simplify medical terms for a jury or judge to comprehend.

The job of an expert witness is to provide objective medical evidence that reflects the state of knowledge at the time of the event in question. This means they must not exclude any relevant information in order to form a view that is more favorably disposed to either the plaintiff or the defendant.

Experts should also carefully review relevant medical records and current research be able to make an informed judgment. In some instances experts could be asked to make a deposition (sworn out-of-court statements). These sessions can be stressful however they are an essential aspect of the preparation of an argument. Your lawyer can help you prepare for these sessions and ensure that you are treated with respect.