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Birth Injury Litigation

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

A successful lawsuit could aid in the payment of medical expenses now and in the future as well as lost wages and other damages. However it can take years to obtain.

Compensation

Despite the amazing medical advancements birth is still an extremely risky process. Both babies and mothers expect that doctors act in a professional manner and avoid making mistakes that could have long-lasting consequences. If your baby was injured caused by the carelessness of a doctor or hospital You may wish to contact a New York birth injury lawyer to see what legal recourse you have.

If you're successful with your claim, you'll receive financial compensation. This could cover the medical costs of the present and future loss of wages, emotional stress, and other areas that could cause damage. In certain instances juries or judges can also award punitive damages in the event of unacceptable conduct.

Your attorney will collaborate with a team of experts witnesses to determine what occurred and establish the standard of care that is accepted. They will go through your records and analyze the actions of the medical staff present during your delivery. This information will help them build a strong case to increase your chances of success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice company prior to filing an action. This will require submitting a package of demands, that includes a full declaration of the losses suffered by your family and the medical evidence to back the claims. The malpractice company will respond with 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 suffering and pain). In a majority of cases, juries award both. The amount of the damages a victim receives will be based on the degree to which the accident has affected their lives, as well as evidence of their past and future losses. Some states limit the amount of non-economic damages that juries can determine.

To pursue compensation to recover compensation, it must be proved that the defendant violated their duty of care. This is done through the use of medical documents, expert witness testimony, and depositions. Medical experts are individuals who have specialized in a particular area of medicine. They review all evidence in the case, and testify at trial if needed. In birth injury cases the expert will help establish the defendant's actions were outside the guidelines of an medical professional with similar training and experience.

In addition to medical experts, attorneys also conduct depositions of any person who has an important story or insight. These are sworn, non-judgmental statements that allow attorneys to inquire directly with witnesses about what transpired. Some depositions are conducted over the phone or through a video conference, however most are conducted in a courtroom. These depositions are often challenging and stressful, but they are essential to establishing a strong case for clients and obtaining the best possible compensation.

Statute of limitations

In New York, as in many states, medical negligence claims must be filed within a statute of limitations window. Parents have two and one-half years from date of an incident, omission or failure believed to cause the injury of their child to bring a lawsuit.

Your attorney may review the medical records of your child to determine whether any nurses or obstetricians as well as other hospital staff, were involved in the birth of your child or daughter. The attorney will request any documents and information relevant to the injury of your child.

If you want to prove that there was a malpractice, your lawyer must establish that the defendant was owed by your child a obligation and violated that duty by failing to meet the standards of care in similar circumstances. To demonstrate this, your attorney will collaborate with medical experts in comparing the medical professional's actions to accepted practices and procedures.

An attorney can help you locate witnesses to be available to testify in your case. These experts can provide valuable insights into the decision-making process of the doctor and explain how a particular error or omission contributed to the birth injury to your child. Your lawyer can then utilize this evidence to prove your claim for compensation. A successful medical malpractice case requires two separate legal claims one for the child injured and one for parents.

Expert Witnesses

With the right support, families can obtain compensation that covers medical bills and lost income due to working hours taken off or rehabilitative therapies as well as the costs of long-term health care. The most important factor to win the birth-injury lawsuit is having the best expert witnesses on your side.

They can look over the evidence and offer a professional opinion as to whether a medical professional has violated their duty of care when they performed an act which could have resulted in the injuries of an infant. They can simplify medical terms for a jury or judge to understand.

The role of an expert witness is to give unbiased medical testimony that reflects the state of medical knowledge at the time of the event that is in dispute. This means they must not omit any relevant facts to form a view that is more favorable to either the plaintiff or defendant.

Experts must also read relevant medical records and current literature to be able to make an informed judgment. In some instances experts could be asked to appear in a deposition (sworn out-of-court declaration). These sessions can be a bit intimidating but are an important part of preparing the case. Your lawyer can help you prepare for these sessions and make sure that you are treated fairly.