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Birth Injury Litigation

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

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

Compensation

Despite the amazing advances in medical technology yet, childbirth is an extremely risky process. Both babies and mothers expect that doctors behave professionally and avoid mistakes that could cause long-lasting damage. If your baby suffered an injury that was caused by negligence of a hospital or doctor, you may want to contact an New York birth injury lawyer to find out what legal recourses you have.

If you are successful in your claim, you'll be awarded financial compensation. This can include future and current medical costs and lost wages, emotional stress, and other potential damages. In some instances juries and judges could also award punitive damage for egregious behavior.

Your attorney will collaborate closely with a network expert witnesses to determine what transpired and the accepted standard of treatment. They will review your medical records and examine the actions of the medical staff that were present during your delivery. This information will help you build an argument that is strong and increase your chances for success.

Before bringing a lawsuit, your lawyer is likely to try to negotiate with the malpractice insurer. This would involve sending a demand packet, that includes a report detailing your family's losses as well as the medical evidence that supports the claim. The malpractice company will respond with an offer. If a settlement cannot be reached, the lawsuit will go to trial.

Damages

The damages that a plaintiff receives can be either economic (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases, juries give both. The amount of damages that the victim is awarded is based on how their injury has affected them, as well as their past and future losses. Certain states also impose limits on how much a jury can award in non-economic damages.

In order to pursue compensation to recover compensation, it must be proved that the defendant violated their duty of care. This is done by a combination of medical documents and expert witness testimony and depositions. Medical experts are individuals who are knowledgeable in a particular field of medical practice. They review every piece of evidence and be able to testify in court, if needed. In birth injury cases, the expert will help establish the defendant's actions are not in the standards of care expected of medical professionals with similar experience and training.

In addition to medical experts, attorneys will take the depositions of anyone who might have a relevant story or insight. They are sworn statements that are made outside of court that permit lawyers to inquire of witnesses directly what happened. Depositions can be conducted over the phone or via video conference however, the majority are held in court. These discussions can be difficult and stressful, but they are essential to establishing a strong case for clients and obtaining the maximum possible compensation.

Statute of Limitations

In New York, as in most states, medical malpractice claims must be filed within the statute of limitations window. Parents have up to two and a quarter years to file a suit within the time frame of a wrongful act, omission, or omission that they believe caused their child's injuries.





Your attorney can review the medical records of your child to determine whether any nurses or doctors as well as other hospital staff were involved in the birth of your daughter or son. The attorney can request any relevant documents and information that may help determine the cause of your child's injuries.

Your lawyer has to prove the case of malpractice by establishing that the defendant was bound by the child a duty and failed to provide the appropriate care in similar circumstances. To prove this, your lawyer will work with medical experts to compare the actions of the medical professional to accepted practices and procedures.

A lawyer can also assist you to identify and locate witnesses to testify in your case. These experts can provide valuable insight into the decision-making process of the doctor and how a specific error or omission contributed to the birth injury to your child. This information can be used by your lawyer to support your compensation claim. A successful medical malpractice case involves two separate legal claims one for the child who is injured and the other for their parents.

Expert Witnesses

With the right assistance families can receive compensation to cover medical expenses, lost income from time off from work rehabilitation and therapy as well as the cost of long-term medical care. The most important factor to win an injury case at birth is having the most skilled experts as your witnesses.

These individuals can review evidence and offer an expert opinion on the extent to which a medical professional breached their duty to care by performing an act that could have caused an infant's injury. They can explain difficult medical terms to make them easier for judges or jury to comprehend.

The job of an expert witness is to provide unbiased medical evidence that reflects the current state of knowledge at the time of the event in question. This means they must not ignore relevant information in order to give a more favorable opinion for the plaintiff or defendant.

Experts should also thoroughly review relevant medical records as well as current research be able to make an informed judgment. In birth injury attorneys could be asked to give deposition (sworn out-of-court statements). These sessions can be stressful but are an important part of the preparation of an argument. Your attorney can help you prepare for these sessions and ensure that you are treated fairly.