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Birth Injury Litigation

Medical inattention during labor and delivery can result in serious birth injuries to infants. These injuries can have a long-lasting impact on the infant as well as their family.

A successful lawsuit can pay for future and ongoing medical expenses as well as lost wages, and other damages. A successful lawsuit could take years to reach.

Compensation

Despite incredible medical advances the risk of childbirth is still high. Parents and their babies expect doctors on hand to be professional and avoid mistakes which could have long-lasting consequences. If you believe an institution or doctor was negligent in causing the injury to your baby then you should contact a New York birth injuries lawyer to determine what legal options you have.

If you are successful in your claim, you will be awarded financial compensation. This can cover current and future medical expenses and lost wages, emotional distress, and other areas of potential damage. In some cases juries and judges could also award punitive damage for an act of adversity.

Your attorney will work closely with a network of expert witnesses to determine what took place and the standard of care you should expect. They will look over your medical records and evaluate the actions of the medical staff that was present during your birth injury attorney. This information will help you build strong arguments and increase your chances of success.

Before bringing a suit, your lawyer will typically attempt to talk to the malpractice insurance company. This will require submitting an agenda of demands that includes a full statement outlining your family's losses and the medical evidence to justify 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 receives could be monetary (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases, juries decide to award both. The amount of the damages an individual victim receives will be based on the degree to which the accident has affected their lives as well as evidence of the past and future losses. Certain states also have limits on the amount that an individual jury can award in non-economic damages.

In order to be eligible for compensation, you must show that the defendant has violated their duty to care. This is done by a combination of medical documents and expert witness testimony and depositions. Medical experts are individuals who are experts in a specific field of medical practice. They evaluate all evidence in the case, and testify at trial if necessary. In cases of birth injuries, the expert will establish that the defendant's actions did not meet the standards of care expected of an expert in the field with similar training and experience.

In addition to medical experts, attorneys will also be able to depose anyone who may have an interesting story or insight. They are sworn, outside-of-court statements that permit attorneys to question witnesses directly about what transpired. Some depositions are conducted over the phone or via video conference, however most are conducted in a courtroom. These conversations are often difficult and stressful, yet they are essential to establishing a strong case for clients and to securing the highest possible compensation.

Statute of Limitations

As 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 an incident or omission believed to cause the injury of their child to pursue a lawsuit.

Your attorney can review the medical records of your child to determine which obstetricians nurses and other hospital staff might have been involved in your daughter or son's birth. He or she may then seek any relevant documents and other information that could help determine the reason for your child's injuries.

In order to prove the malpractice, your lawyer must prove that the defendant was owed by your child a obligation and violated that duty by failing to meet the standards of care required in similar circumstances. To prove this, your attorney will collaborate with medical experts to analyze the actions of a medical professional with accepted practices and procedures.

A lawyer can also help you identify and locate witnesses to testify in your case. They can provide valuable insight into the process of making decisions by a doctor and the way in which an error or omission caused your child's birth injuries. This evidence can be used by your lawyer to prove your claim for compensation. A successful medical malpractice case requires two separate legal claims one for Birth Injuries the child who has been injured and one for the parents.

Expert Witnesses

Families can seek compensation for medical expenses, lost wages due to working hours, rehabilitation treatments and therapies and costs for long-term care with the right assistance. However, the key to winning a birth injury lawsuit is having the best experts available to be on your side.

These individuals are able to review the evidence and birth injuries provide an expert opinion on whether a medical professional violated their duty of caring by doing something that could have led to an infant's injury. They can also explain complex medical terms to make them easier for a judge or jury to comprehend.

The job of an expert witness is to provide unbiased medical testimony that is based on the state of knowledge at the time of the incident that is in dispute. This means that they cannot exclude relevant information in order to give a more favorable perspective for either the plaintiff or the defendant.

Experts should also study relevant medical records and current literature to to form an informed opinion. In some cases experts may be asked to give a sworn statement outside of the courtroom. These meetings can be stressful but they are a necessary part of preparing for a trial. Your attorney can help you prepare for these sessions and ensure that you are treated fairly.