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Birth Injury Litigation

Medical negligence during labor and birth injury law firms can cause serious birth injuries to infants. These injuries can have a lasting impact on the infant as well as their family.

A successful lawsuit can pay for current and future medical expenses, lost wages, and other losses. A successful lawsuit may take years to reach.

Compensation

Despite the latest medical advancements childbirth can be dangerous. Both babies and mothers expect that doctors behave professionally and avoid blunders that could result in long-lasting harm. If your baby was injured that was caused by carelessness of a medical professional or hospital, you may want to consult an New York birth injury lawyer to determine the legal options you have.

A successful claim for birth injuries results in financial compensation. This can be used to pay for the medical costs of the present and future loss of wages, emotional stress, 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 collaborate with a group of expert witnesses to understand what happened and establish the standard of care that is accepted. They will review all your medical records and examine what the medical staff did during your delivery. This will help them make a convincing case and maximize your chances of success.

Before bringing a suit, your lawyer will typically try to negotiate with the malpractice insurer. This requires submitting a package of demands, which will include a thorough account of the losses your family has suffered and the medical evidence to back them. The malpractice insurance company will make an offer. If a settlement cannot be reached, the lawsuit will proceed 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 lot of cases, juries will award both. The amount of compensation the victim is awarded is based on how their accident has affected them as well as their past and future losses. Certain states limit the amount of non-economic damages that a jury may determine.

In order to seek compensation, it must be proven that the defendant acted in breach of their duty of care. This is accomplished by the use of medical evidence, expert testimony and depositions. Medical experts are those who have been trained in a certain 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 that the defendant's actions fall against the standard of care expected from an expert in medicine with the same experience and training in the particular case.

In addition to medical experts, attorneys will take the depositions of anyone who may have a relevant story or insight. These are legally sworn statements which are not in court and permit lawyers to inquire of witnesses directly what happened. Some depositions are conducted over the phone or by video conference however, the majority are conducted in the courtroom. These conversations can be difficult and stressful, but they are important in establishing a strong case and obtaining the best possible compensation for clients.

Statute of Limitations

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

Your attorney can look over the medical records of your child to determine whether any obstetricians or nurses as well as other hospital personnel, were involved in the birth injury law firm of your daughter or son. He or she will then request any documents and information related to the injury of your child.

Your lawyer must prove malpractice by proving that the defendant was bound by a duty to your child and violated it by failing to provide the standard of care under similar circumstances. To demonstrate this, your attorney will collaborate with medical experts to compare the medical professional's actions to accepted practices and procedures.

A lawyer can help you identify witnesses who can provide testimony in your case. These professionals can give an insight into the decision-making process of the doctor and how a particular mistake or omission contributed to your child's birth injury. Your lawyer could then use this evidence to prove your claim for compensation. A successful medical malpractice lawsuit involves two distinct legal claims one for the child injured and another for the parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages resulting from working hours, rehabilitation treatments and therapies, and long-term care costs with the right assistance. However, the key to winning a birth injury case is having the most experienced expert witnesses on your side.

They are able to review the evidence and provide their professional opinions on whether a medical professional breached their duty of care when they performed an act which could have resulted in the injuries of an infant. They can also explain complex medical terms to make it easier for judges or jury to understand.

The objective of an expert witness is to give an impartial medical opinion that is based on the current knowledge at the time of the event. This means that they cannot exclude relevant information in order to give a more favorable opinion for the plaintiff or defendant.

Experts should also study the relevant medical records as well as contemporaneous research with sufficient detail in order to form an informed opinion. In some instances, experts may be called to make a deposition (sworn out-of court statement). These sessions can be daunting, but they are an essential element of preparing for a case. Your lawyer can help you prepare for these sessions and make sure that you are treated fairly.