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Birth Injury Litigation

Medical negligence during delivery or labor can lead to severe birth injuries for infants. These injuries can have a lasting impact on the infant as well as their family.

A successful lawsuit can help pay for future and current medical costs as well as loss of wages, and other damages. However, a successful lawsuit can take a long time to get.

Compensation

Despite the amazing advances in medical technology however, childbirth remains an unwise procedure. Baby and mother expect doctors to behave professionally and avoid errors which could have long-lasting consequences. If you suspect that the doctor or hospital is liable for the injury of your baby or harm, you should speak with a New York birth injuries lawyer to determine the legal options you have.

If you win your claim, you'll be awarded financial compensation. This could cover the current and future medical expenses loss of wages, emotional distress and other areas that could cause damage. In some instances juries or judge may also award punitive damages for unacceptable conduct.

Your attorney will work closely with network experts witnesses to determine what transpired and the standard of care that is accepted. They will go through all your medical records and review what the medical staff did during your birth. This will help to build an argument that is strong and increase your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice carrier before filing a lawsuit. This involves making a demand package which includes a statement detailing your family's losses as well as the medical evidence that supports the claim. The malpractice insurer will then make an offer. If no settlement is reached the case will go to trial.

Damages

The damages that a plaintiff receives may be economic (such as medical bills) or non-economic (such as suffering and pain). In many cases, juries will award both. The amount of money a victim will receive is based on how the accident has affected them, and also their past and future losses. Some states also place limitations on the amount a jury can award in non-economic damages.

In order to be eligible for compensation, you must show that the defendant did not fulfill their duty to care. This is accomplished by a combination of medical records and expert witness testimony and depositions. Medical experts are individuals who are experts in a specific area of medical practice. They evaluate all evidence and are able to testify in court if needed. In birth injury law firm kansas involving birth injuries, experts will be able to prove that the defendant's actions are in a way that is not consistent with the standard of care expected from a medical professional with similar training and experience under the circumstances of the case.

In addition to medical experts, attorneys can also be able to depose anyone who may have relevant information or a story to share. They are sworn, outside-of-court statements that allow attorneys to ask witnesses directly about what happened. Some depositions are conducted via the phone or through a video conference, but most are conducted in a courtroom. These meetings can be challenging and stressful but they are essential in building a strong case and obtaining the best compensation for clients.

Statute of Limitations

As in most states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have two and a half years from the date of an incident or omission that is believed to cause injury to their child to pursue a lawsuit.

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 other information that could help identify the cause of your child's injuries.

Your lawyer must establish the malpractice by establishing that the defendant owed a duty to your child and failed to provide the proper care under 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 help you identify witnesses and find them to testify about your case. These professionals can provide valuable insight into the decision-making process of a doctor and how an error or omission caused the birth injury of your child. Your lawyer could then use this evidence to back up your claim for compensation. A successful medical malpractice lawsuit involves two separate legal claims one for the child injured and one for parents.

Expert Witnesses

With the right help families can get compensation that covers medical bills and lost income due to time off from work, rehabilitative treatments and therapies and the cost of long-term medical care. The most important factor to win the birth-injury lawsuit is having the most qualified experts on your side.

These individuals can review the evidence and provide an expert opinion on whether a medical professional acted in violation of their duty of care by doing something which could have caused an infant's injury. They can simplify medical terms for juries or judge to understand.





The role of an expert witness is to provide objective medical evidence that reflects the state of medical knowledge at the time of the incident that is being investigated. This means they shouldn't ignore relevant information in order to give a more favorable perspective for either the plaintiff or the defendant.

Experts should also review the relevant medical records and contemporaneous literature with sufficient depth to enable them to form a sound opinion. In certain cases experts could be asked to provide a deposition (sworn out-of-court declaration). These sessions can be daunting however they are an essential aspect of preparing an argument. Your attorney can help prepare for these sessions and ensure that you are treated fairly.