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Birth Injury Litigation

Medical negligence during delivery and labor can cause serious birth injuries for infants. These injuries can have a lasting impact on the infant and their family.

A successful lawsuit could assist in paying for medical expenses now and in the future as well as lost wages and other damages. A successful lawsuit could take years to reach.

Compensation

Despite the remarkable medical advancements yet, childbirth is a risky procedure. Both mothers and babies expect that doctors act with professionalism and avoid blunders that could cause long-lasting damage. If your baby suffered an injury due to negligent actions of a medical professional or hospital you might want to consult an New York birth injury lawyer to find out what legal recourses you have.

A successful claim for birth injury lawsuit injuries will result in financial compensation. This could include future and ongoing medical costs loss of earnings, emotional stress and other damages that could be awarded. In some cases juries and judges can also award punitive damage for an act of adversity.

Your attorney will work closely with a network expert witnesses to determine what happened and the standard of care you should expect. They will review your medical records and review the actions of the medical personnel present during your delivery. This information can help build a strong argument and maximize 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 an agenda of demands that includes a comprehensive description of your family's losses as well as the medical evidence that supports them. The malpractice insurance company will make an offer. If no settlement is reached, the lawsuit will proceed to trial.

Damages

The damages a plaintiff gets may be economic (such as medical bills) or non-economic (such as pain and suffering). In a majority of cases the jury awards both. The amount of damages an individual victim receives will be based on the extent to which the incident has affected their lives as well as evidence of their past and future losses. Certain states restrict the amount of non-economic damages a jury may determine.

To pursue compensation the plaintiff must prove that the defendant did not fulfill their duty of care. This is accomplished through a combination of medical records as well as expert witness testimony and depositions. Medical experts are individuals who have specialized knowledge in a specific area of medicine. They evaluate all evidence and are able to be able to testify in court, if needed. In cases involving birth injuries, the expert will be able to prove that the defendant's actions fell outside the standard of care of medical professionals with similar experience and training.

In addition to medical experts, attorneys also be able to depose anyone who may have an interesting story or insight. These are sworn, out-of-court statements that permit attorneys to inquire directly with witnesses about what transpired. Some depositions are conducted via the phone or via video conference, but the majority are held in the courtroom. These discussions can be difficult and stressful, but are essential to establishing a strong case for clients and obtaining the maximum possible amount of compensation.

Statute of Limitations

In most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have two and two and a half years from date of the act or omission that is believed to have led to the injury of their child to make a claim.

Your attorney can look over your child's medical records to determine which doctors, nurses and other hospital staff might have been involved in your son or daughter's birth. The attorney will ask for any documents and information relevant to the injury of your child.

When proving malpractice, your lawyer must prove that the defendant was bound by a duty and breached this duty in failing to comply with the standard of care in similar circumstances. To prove this, your attorney will collaborate with medical experts to compare the medical professional's actions to accepted practices and procedures.

A lawyer can also assist you to find witnesses to testify in your case. These experts can provide valuable insight into the process used by doctors to make decisions and how a mistake or omission caused your child's birth injuries. The evidence could be utilized by your lawyer to justify your claim for compensation. A successful medical malpractice case involves two separate legal claims, one for the child injured and the other for their parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages resulting from time off work therapy and rehabilitation and costs for long-term care with the right help. The key to winning a birth injury case is having the best experts available on your side.

These individuals can review evidence and offer an expert opinion on whether a medical professional violated their duty of caring by performing an act that could have led to an infant's injury. They can also explain complex 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 is based on the current state of knowledge at the time of the incident in question. This means that they should not exclude any relevant information to develop a view that is more favorable to either the plaintiff or defendant.

Experts should also study relevant medical records and contemporary research to form an informed opinion. In some cases experts could be asked to give a sworn statement outside of court. These sessions can be stressful but they are a crucial part of the preparation of the case. Your lawyer can prepare you for these sessions and ensure that you are treated fairly.