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20 Trailblazers Leading The Way In Birth Injury Lawsuit
Birth Injury Litigation

Medical negligence during labor and birth can result in serious birth injuries for infants. These injuries can have a long-lasting impact on the infant as well as their families.

A successful lawsuit could help pay for current and future medical costs, loss of wages, and other damages. A successful lawsuit may take a long time to complete.

Compensation

Despite the amazing advances in medical technology yet, childbirth is an extremely risky process. Parents and their babies expect doctors in attendance to be professional and avoid mistakes that could have lifelong consequences. If your baby suffered an injury caused by the negligent actions of a hospital or doctor, you may want to contact a New York birth injury lawyer to see what legal options you have.

If you win your claim, you'll be awarded financial compensation. This could cover current and future medical expenses, lost earnings, emotional distress, and other areas of damage. In certain cases juries and judges could also award punitive damages for egregious behavior.

Your attorney will collaborate with a network of expert witnesses to understand what happened and define the accepted standard of care. They will go through your records and evaluate the actions of the medical team present during your delivery. This information will help them make a convincing case and increase your chances of success.

Before bringing a lawsuit your lawyer will typically attempt to talk to the malpractice insurance company. This will mean submitting an agenda of demands which includes a detailed declaration of the losses suffered by your family and medical evidence to support the claims. The malpractice insurer will respond with an offer. If no settlement is reached, the case will go to trial.

Damages

The damages the plaintiff could be awarded are either economic (such medical bills) or not-economic (such pain and suffering). In a majority of cases, juries award both. The amount of the damages an individual victim receives will be determined by the extent to which the injury has affected their lives as well as evidence of the past and future losses. Certain states restrict the amount of non-economic damages that a jury may decide to award.

In order to pursue compensation the plaintiff must prove that the defendant breached their duty of care. This is done by mixing medical records, expert testimony, and depositions. Medical experts are individuals who are experts in a particular area of medical practice. They review all evidence in the case and testify at trial if necessary. In cases involving birth injuries, the expert will help establish that the defendant acted outside of the standard of care expected from an expert in medicine who has the same education and experience in the particular case.

In addition to medical experts, attorneys will also interview anyone who might have relevant information or a story to share. They are sworn statements that are which are not in court and permit 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 depositions can be difficult and stressful but they are vital to build a strong case and obtaining the best compensation for clients.

Statute of Limitations

In most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and a quarter years to file a lawsuit after the date of the wrongful act, omission, or failure that they believe caused their child's injuries.

Your attorney can look over 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. They can request any relevant documents and information that could help determine the reason for the injuries to your child.

Your lawyer must prove malpractice by establishing that the defendant owed the child a duty and failed to provide the standard of care in similar circumstances. To prove this, you lawyer will work with medical professionals in comparing the actions of the medical professional to accepted practices and procedures.

An attorney can help you find witnesses who will provide testimony in your case. They can provide valuable insight into the decision-making process of a doctor and how a mistake or omission caused your child's birth injuries. Your lawyer can then use this evidence to back up your claim for compensation. A successful medical malpractice case requires two separate legal claims one for the child who has been injured and one for parents.

Expert Witnesses


With the right support families can receive compensation for medical expenses, lost income from time away from work rehabilitation and therapy as well as the costs of long-term health care. But the most important thing to winning a birth injury lawsuit is having the most experienced expert witnesses possible on your side.

They will review the evidence and give their professional opinions on whether a medical professional acted in breach of their duty of care when they performed an act that could have resulted in an infant's injury. They can simplify medical terms for a jury or judge to understand.

The objective of an expert witness is to give an impartial medical opinion that is based on the current state of knowledge as of the date of the incident. This means they must not exclude any relevant information to create an opinion that is more favorable to either the plaintiff or defendant.

Experts should also study relevant medical records as well as current literature to enable them be able to make an informed judgment. In certain cases, an expert may be required to provide an oath in the courtroom. These meetings can be stressful, but they are a necessary part of preparing for a trial. Your attorney can help prepare for these sessions and ensure that you are treated fairly.

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