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Birth Injury Litigation

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

A successful lawsuit can help pay for future and current medical costs as well as loss of wages, and other damages. However, a successful lawsuit can take a long time to get.

Compensation

Despite the latest medical advancements the risk of childbirth is still high. Both babies and mothers expect that doctors act with professionalism and avoid making mistakes that could result in long-lasting harm. If you believe the hospital or doctor is liable for the injuries to your baby, you should contact a New York birth injuries lawyer to determine what legal options you have.

If you win your claim, you'll be awarded financial compensation. This could include future and ongoing medical costs loss of wages, emotional stress, and many other damages. In some cases, juries or judges may also award punitive damages for unjust conduct.

Your attorney will collaborate with a network of expert witnesses to analyze what happened and establish the standard of care that is accepted. They will look over your medical records and review the actions of the medical staff present during your delivery. This information can help build strong arguments and increase your chances of success.

Typically your lawyer will attempt to reach a settlement with the malpractice insurance company prior to filing a lawsuit. This will mean 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 carrier will then respond with an offer. If a settlement cannot be reached, the lawsuit will go to trial.

Damages

The amount of damages a plaintiff is awarded may be either financial (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases, juries award both. The amount of compensation the victim is awarded is based on how their accident has affected them, and also their past and future losses. Certain states limit the amount of non-economic damages a jury may determine.

To be able to seek compensation, it must be proven that the defendant acted in breach of their duty of care. This is accomplished by combining medical evidence, expert testimony and depositions. Medical experts are individuals who are experts in a particular area of medicine. They examine every piece of evidence and testify in court if needed. In cases of birth injuries, the expert will prove that the defendant acted in a way that is not consistent with the standard of care for a medical professional who has the same education and experience in the specific circumstances of the case.

In addition to medical experts, attorneys can also be able to depose anyone who has relevant information or a story to share. These are sworn, non-judgmental statements that allow attorneys to inquire directly with witnesses about what transpired. Some depositions are conducted on the phone or through a video conference, but most are held in a courtroom. These discussions can be difficult and stressful, yet they are essential to building a strong case for clients and obtaining the highest possible amount of compensation.

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 two-and-a-half years from the date of the act, omission or failure believed to have caused their child's injury to file a lawsuit.

Your attorney can look over your child's medical records to determine which doctors, nurses and other hospital staff may have been involved in your son or daughter's birth injury lawyer. The attorney can request any relevant documents and other information that could aid in determining the cause of the injuries to your child.

Your lawyer must establish the malpractice by proving that the defendant owed a duty to your child and breached it by failing to provide the proper care under similar circumstances. To prove this, you lawyer will work with medical professionals to evaluate the actions of the medical professional to accepted procedures and practices.

A lawyer can also help you find witnesses to testify in your case. These professionals can provide valuable information about the process of making decisions by a doctor and how a mistake or omission caused the birth injury of your child. Your lawyer will then be able to use this evidence to support your claim for compensation. A successful medical malpractice lawsuit involves two distinct legal claims one for the child injured and one for parents.

Expert Witnesses

Families can be compensated for medical bills, lost wages from absences from work therapy and rehabilitation as well as long-term care expenses with the right support. But the key to successfully winning a birth injury lawsuit is having the top experts available for your case.

They can look over the evidence and give their professional opinion on whether a medical professional breached their obligation of care by taking an act that could have caused the injuries of an infant. They can also explain complex medical terms to make it easier for judges or jury to understand.

The role of an expert witness is to provide unbiased medical testimony that is based on the current state of knowledge at the time of the event that is being investigated. This means they must not omit any relevant information to create a view that is more favorably disposed to either the plaintiff or defendant.

Experts should also examine the relevant medical records and contemporaneous research with sufficient detail so that they can form an informed opinion. In some cases experts could be asked to provide a deposition (sworn out-of-court declaration). These meetings can be stressful but they are an essential part of preparing for a case. Your attorney can prepare you for these sessions and make sure that you are treated fairly.