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Birth Injury Litigation

Medical inattention during labor and delivery can cause serious birth injuries to infants. These injuries can have a long-lasting impact on the child and their family.

A successful lawsuit can assist in paying for medical expenses now and in the future in the future, lost wages, and other damages. A successful lawsuit could take a long time to complete.

Compensation

Despite amazing medical advances childbirth can be dangerous. Both babies and mothers expect that doctors will act professionally and avoid mistakes that could have long-lasting consequences. If you suspect that a doctor or hospital is liable for your baby's injury and/or death, you should consult a New York birth injuries lawyer to determine the legal options you have.

A successful claim for birth injuries can result in financial compensation. This could cover current and future medical expenses and lost wages, emotional distress, and other areas that could cause damage. In some cases, juries and judges may also award punitive damages for unacceptable behavior.

Your attorney will work with a network of expert witnesses to analyze what happened and define the standard of care that is accepted. They will go through your entire medical record and review the actions of your medical team during your birth. This information will help them make a convincing case and maximize your chances of success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice carrier before filing a lawsuit. This requires submitting an itemized list of demands that includes a comprehensive description of your family's losses as well as the medical evidence to justify them. The malpractice insurer will then make an offer. If a settlement cannot be reached, the case will proceed to trial.

Damages

The damages a plaintiff receives can be either economic (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases the jury awards both. The amount of money the victim is awarded will depend on how the injury has affected them, in addition to their past and future losses. Some states also set restrictions on the amount a jury can award in non-economic damages.

In order to pursue compensation the case must prove that the defendant breached their duty of care. This is done through the use of medical records as well as expert witness testimony and depositions. Medical experts are those with specialized knowledge in a specific field of medicine. They evaluate every piece of evidence and appear in court if they are required. In cases involving birth injuries, the expert will help establish that the defendant's actions were against the standard of care for medical professionals with similar training and experience in the case's circumstances.

In addition to medical experts, attorneys also conduct depositions of any person who has a relevant story or insight. They are sworn, outside-of-court statements that allow attorneys to directly question witnesses about what happened. Depositions can be conducted over the phone or via video conference, but the majority are held in a courtroom. These meetings can be challenging and stressful but they are essential in establishing a strong argument and securing the most favorable compensation for clients.

Statute of Limitations

In New York, as in the majority of states, medical malpractice claims must be filed within a statute of limitations window. Parents have up to two and a half years to file a suit following the date of a negligent act, omission or inaction that they believe caused the injuries of their child.

Attorneys can look through your child's medical records to determine which obstetricians nurses and other hospital staff might have been involved in your daughter or son's birth injury law firms. He or she can then request any relevant documents and other information that could help determine the reason for your child's injuries.

In order to prove negligence, your lawyer must prove that the defendant owed your child a obligation, and then breached it by failing to adhere to the standards of care in similar circumstances. To prove this, your lawyer will work with medical professionals to evaluate the actions of the medical professional with accepted procedures and practices.

A lawyer can help you identify witnesses who can be available to testify in your case. They can provide valuable insight into the decision-making process of a doctor and what caused the birth injuries of your child. This information can be used by your lawyer to prove your compensation claim. A successful medical malpractice claim involves two distinct legal claims one for the child who was injured and another for the parents.

Expert Witnesses

With the right help, families can obtain compensation for medical expenses, lost income from time away from work, rehabilitative treatments and therapies in addition to the costs of long-term health care. But the most important thing to winning a birth injury case is having the top expert witnesses to be on your side.

They can also review evidence and give their professional opinion on whether a medical professional has violated their duty to care by performing an act which could have caused the injury of an infant. They can also explain complicated medical terms to make it easier for judges or jury to understand.

An expert witness's job is to provide impartial medical evidence that reflects the state of medical knowledge at the time of the incident in question. This means they shouldn't exclude relevant information in order to provide a more favorable perspective for either the plaintiff or defendant.

Experts should also carefully review relevant medical records and current literature to in making an informed judgement. In some cases experts could be asked to appear in deposition (sworn out-of court statement). These sessions can be a bit intimidating but they are an essential part of making for a trial. Your attorney can help prepare for these sessions and ensure that you are treated fairly.