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Birth Injury Litigation

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

A successful lawsuit can be used to pay for future and ongoing medical costs as well as lost wages and other damages. However it can take years to reach.

Compensation

Despite incredible medical advances childbirth can be dangerous. Babies and mothers alike hope that doctors act with professionalism and avoid blunders that could have long-lasting consequences. If you think the doctor or hospital was negligent in causing the injuries to your baby and/or death, you should consult a New York birth injuries lawyer to determine the legal options you have.

If you're successful in your claim, you'll be awarded financial compensation. This can be used to pay for the current and future medical expenses, lost wages, emotional distress and other areas of potential damage. In some instances juries and judges can also award punitive damages in the event of unacceptable behavior.

Your attorney will work closely with a network of expert witnesses to determine what occurred and the accepted standard of treatment. They will review your records and examine the actions of the medical professionals who were present during your delivery. This information will help them make a convincing case and increase your chances of success.

Typically, your lawyer will try to reach a settlement agreement with the malpractice carrier before filing an action. This is done by submitting a demand package, which will include a written statement of your family's losses as well as the medical evidence that supports the claims. The malpractice insurance company will make an offer. If no settlement is reached the case will proceed to trial.

Damages

The damages that a plaintiff receives could be monetary (such as medical bills) or non-economic (such as suffering and pain). In a majority of cases, juries award both. The amount of the damages a victim receives will be determined by the extent to which the incident has affected their life, as well as evidence of their past and future losses. birth injury lawsuit set restrictions on the amount an individual jury can award in non-economic damages.

In order to seek compensation the plaintiff must prove that the defendant did not fulfill their duty of care. This is accomplished by mixing medical evidence, expert testimony and depositions. Medical experts are people who have been trained in a particular field of medical practice. They scrutinize all evidence and may appear in court if they are required. In birth injury cases the expert will help establish the defendant's actions are not in the scope of care for an expert in the field with similar training and experience.

In addition to medical experts, attorneys will also conduct depositions of any person who may have an interesting story or insight. These are sworn statements made outside of court that allow attorneys to ask witnesses directly what transpired. Depositions can be conducted over the phone or through a video conference, however most are conducted in a courtroom. These conversations can be difficult and stressful however they are crucial to build a strong case and securing the most favorable compensation for clients.





Statute of limitations

As in most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have up to two and a half years to file a lawsuit following the date of a mistake, omission or omission they believe caused the injuries of their child.

Attorneys can look through your child's medical records to determine which doctors, nurses and other hospital staff could have been involved in your son or daughter's birth. He or she will then seek any documents or information related to the injury of your child.

If you want to prove that there was a malpractice, your lawyer has to establish that the defendant owed your child a duty and breached this duty in failing to comply with the standard of care under similar circumstances. To prove this, your attorney will work with medical professionals to compare the actions of the medical professional with accepted procedures and practices.

An attorney can help you find witnesses who will be able to testify in your case. They can provide an important insight into the doctor's decision-making process and how a specific error or omission caused the birth injury to your child. Your lawyer could then use this evidence to support your claim for compensation. A successful medical malpractice case requires two separate legal claims one for the child who has been injured and another for the parents.

Expert Witnesses

Families can seek compensation for medical bills, lost wages from working hours, rehabilitation treatments and therapies as well as costs for long-term health care with the right assistance. But the key to successfully winning a birth injury case is having the best expert witnesses possible to be on your side.

These individuals can review the evidence and provide their professional opinion as to whether a medical professional acted in breach of their duty of care when they performed an act that could have led to injuries to an infant. They can explain complicated medical terms to make them easier for judges or jury to comprehend.

The job of an expert witness is to provide impartial medical testimony that reflects the state of knowledge at the time of the incident in question. This means that they cannot remove relevant information to give a more favorable impression for either the plaintiff or the defendant.

Experts should also examine the relevant medical records as well as contemporaneous publications with enough depth so that they can form an informed opinion. In some cases experts could be required to give an unassailable statement in court. These sessions can be stressful however they are an essential aspect of preparing a case. Your lawyer can prepare you for these sessions and ensure that you are treated with respect.