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Birth Injury Litigation

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

A successful lawsuit could help pay for future and current medical costs, lost wages, and other damages. A successful lawsuit may take a long time to complete.

Compensation

Despite the incredible medical advances, childbirth is still dangerous procedure. Babies and mothers expect the doctors who attend to behave with professionalism and avoid errors that could have lasting consequences. If your baby was injured that was due to the negligence of a hospital or doctor, you may want to consult an New York birth injury lawyer to determine the legal recourse you have.

A successful claim for birth injuries can result in financial compensation. This could cover the current and future medical expenses as well as lost earnings, emotional distress, and other areas that could cause damage. In certain instances, juries or judges may also award punitive damages in the event of unjust conduct.

Your attorney will collaborate closely with a network expert witnesses to determine what occurred and the accepted standard of care. They will review your entire medical record and examine what the medical professionals did during your birth. This will assist them to build a strong case to increase your chances of success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice carrier before filing a lawsuit. This will involve making a demand package which will include a written statement of your family's losses as well as the medical evidence that supports the claim. The malpractice carrier will then respond with an offer. If there is no settlement the case will proceed to trial.

Damages

The damages that the plaintiff could be awarded can be either financial (such medical bill) or not-economic (such s pain and suffering). In many cases juries decide to award both. The amount of damages that a victim will receive is based on how the injury has affected them, in addition to their past and future losses. Certain states also impose restrictions on the amount a jury can award for non-economic damages.

To pursue compensation the case must prove that the defendant acted in breach of their duty of care. This is accomplished by the use of medical records and expert witness testimony and depositions. Medical experts are those who have specialized in a specific area of medical practice. They evaluate all evidence in the case and are able to testify at trial if needed. In cases involving birth injuries an expert can help prove that the defendant's actions are beyond the standards of care for an expert in medicine with the same training and experience in the case's circumstances.

Attorneys can also depose anyone with a relevant story or has a unique insight. These are legally sworn statements delivered outside of court that allow attorneys to ask witnesses directly what happened. Some depositions are conducted via phone or via video conference however, the majority are held in the courtroom. These meetings are often stressful and stressful, but are essential to establishing a strong case for clients and obtaining the maximum possible amount of compensation.

Statute of Limitations

Like most states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have up to two and a quarter years to file a lawsuit after the date of the negligent act, omission or omission that they believe caused the injuries of their child.

Your attorney can look over 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. He or she can then seek any relevant documents and data that can aid in determining the cause of your child's injuries.

Your lawyer must prove that there was a breach of contract by establishing that the defendant owed obligations to your child and violated it by failing to provide the standard of care under similar circumstances. To prove this, you attorney will work with medical professionals to compare the actions of the medical professional to accepted practices and procedures.

A lawyer can assist you find witnesses who will be able to testify in your case. These professionals can give valuable insight into the doctor's decision-making process and how a specific mistake or omission contributed to the birth injury of your child. Your lawyer can then utilize this evidence to prove your claim for compensation. A successful medical malpractice lawsuit involves two distinct legal claims: one for the injured child and one for the parents.

Expert Witnesses

Families can be compensated for medical expenses, lost wages resulting from the absence of work therapy and rehabilitation as well as costs for long-term health care with the right assistance. However, the key to winning a birth injury case is having the best expert witnesses to be on your side.

They can also review evidence and provide a professional opinion on whether a medical professional has violated their duty of care performing an act which could have caused injuries to an infant. They can explain difficult medical terms to make them easier for judges or jury to understand.

The job of an expert witness is to give unbiased medical testimony that reflects the current state of knowledge at the time of the event relevant to the case. This means they should not remove relevant information to present a favorable opinion for the plaintiff or the defendant.

Experts must also read relevant medical records as well as current literature to enable them be able to make an informed judgment. In some cases experts may be asked to give a sworn statement outside of the courtroom. These sessions can be daunting, but they are an essential element of preparing for a case. Your attorney can prepare you for these sessions and make sure that you are treated fairly.