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Birth Injury Litigation

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

A successful lawsuit can be used to pay for future and ongoing medical expenses as well as lost wages, and other losses. However it can take a long time to get.

Compensation

Despite the latest medical advancements birth can be a risky. Mothers and babies expect doctors in attendance to be professional and avoid mistakes that could have lifelong consequences. If your baby was injured that was caused by negligence of a doctor or hospital, you may want to contact a New York birth injury lawyer to see what legal recourses you have.

If you are successful in your claim, you will receive financial compensation. This could include future and ongoing medical expenses and lost wages, emotional stress, and a variety of other damages. In certain instances, juries or judges may also award punitive damages for unjust conduct.





Your attorney will work closely with a network of expert witnesses to determine what took place and the accepted standard of treatment. They will review your medical records and analyze the actions of the medical staff that was present during your birth. This information will help build strong arguments and increase your chances for success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice company prior to filing a lawsuit. This will involve the submission of a demand document, which will include a written statement of your family's losses, as well as medical evidence to support the claim. The malpractice insurer will then make an offer. If no settlement is reached the case will proceed to trial.

Damages

The damages that plaintiffs may be awarded can be monetary (such a medical bills) or not-economic (such the suffering and pain). In many cases, juries award both. The amount of money the victim is awarded is based on how their accident has affected them, in addition to their past and future losses. Some states limit the amount of non-economic damages that a jury may award.

To pursue compensation to recover compensation, it must be proved that the defendant breached their duty of care. This is accomplished by mixing medical documents, expert testimony, and depositions. Medical experts are those who have specialized in a certain area of medicine. They scrutinize all evidence and are able to be able to testify in court, if needed. In cases involving birth injuries experts will be able to prove that the defendant's actions are against the standard of care for a medical professional with the same training and experience in the case's circumstances.

Attorneys will also depose any person who has a story that is relevant or who has an unusual perspective. These are sworn, non-judgmental statements that allow attorneys to inquire directly with witnesses about what happened. Some depositions are conducted over the phone or through a video conferences, but the majority are held in a courtroom. These conversations can be difficult and stressful however they are crucial in building a strong case and securing the highest possible compensation for clients.

Statute of Limitations

Like many states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and two-and-a-half years from the date of an incident or omission to cause the injury of their child to bring a lawsuit.

Your attorney may review the medical records of your child to determine whether any nurses or doctors along with other hospital personnel were involved in the birth of your child or daughter. He or she will request any documents and details that relate to the injuries of your child.

Your lawyer must prove malpractice by proving that the defendant owed the child a duty and failed to provide the appropriate care under similar circumstances. To establish this, your lawyer will work with medical experts in comparing the medical professional's actions with accepted practices and procedures.

A lawyer can also assist you to find witnesses to testify in your case. These experts can provide valuable information about the decision-making process of a doctor and how a mistake or omission resulted in your child's birth injuries. Your lawyer can then use this evidence to prove your claim for compensation. A successful medical malpractice lawsuit involves two separate legal claims one for the child who has been injured and one for parents.

Expert Witnesses

Families can seek compensation for medical expenses, lost wages resulting from absences from work as well as rehabilitation therapies and treatments and costs for long-term care with the right help. But the most important thing to winning a birth injury case is having the top expert witnesses possible to be on your side.

These individuals are able to review evidence and offer an expert opinion on whether a medical professional has violated their duty of care doing something which could have caused the injury of an infant. They can simplify medical terms for juries or judge to understand.

An expert witness's role is to provide objective medical testimony that is based on the current state of knowledge at the time of the event that is in dispute. This means they must not remove relevant information to provide a more favorable opinion for the plaintiff or defendant.

Experts must also read relevant medical records and contemporary literature to enable them in making an informed judgement. In some cases, experts may be called to make deposition (sworn out-of court statement). These sessions can be stressful but they are an essential part of making an argument. Your attorney can help you prepare for these sessions and ensure that you are treated with respect.