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Birth Injury Litigation

Medical negligence during the delivery process and labor can result in severe birth injuries to infants. These injuries can have a lasting impact on the infant as well as their families.

A successful lawsuit may assist in paying for medical expenses now and in the future along with lost wages and other damages. A successful lawsuit may require years to obtain.

Compensation

Despite the remarkable medical advancements birth is still a risky procedure. Mothers and babies expect doctors on hand to behave professionally and avoid mistakes that could have lasting consequences. If your baby was injured that was due to the carelessness of a doctor or hospital you might want to speak with an New York birth injury lawyer to see what legal recourses you have.

If you are successful in your claim, you'll be awarded financial compensation. This could cover current and future medical expenses and lost earnings, emotional distress, and other areas that could cause damage. In certain cases juries or judges can also award punitive damages in the event of unacceptable conduct.

Your attorney will work closely with a network of expert witnesses to determine what transpired and the standard of care you should expect. They will go through your records and examine the actions of the medical personnel that were present during your delivery. This information will help them build a strong case and maximize your chances of success.

Before bringing a lawsuit, your lawyer will usually try to bargain with the malpractice insurance company. This will require submitting an agenda of demands that includes a comprehensive account of the losses your family has suffered and the medical evidence that supports the claims. The malpractice company will respond with an offer. If a settlement is not reached, the lawsuit will proceed to trial.

Damages

The damages a plaintiff receives may be either financial (such as medical bills) or non-economic (such as pain and suffering). In many cases juries give both. The amount of the damages a victim receives will be based on the extent to which the incident has impacted their life, as well as evidence of the past and future losses. Some states limit the amount of non-economic damages that juries can award.

To pursue compensation the plaintiff must prove that the defendant violated their duty of care. This is accomplished through a combination of medical documents and expert witness testimony and depositions. Medical experts are individuals who are experts in a specific area of medicine. They examine all evidence in the case and are able to testify at trial, if needed. In birth injury cases, the expert will help establish that the defendant's actions were outside of the standard of care expected from medical professionals with the same experience and training in the specific circumstances of the case.

Attorneys can also depose any person who has a story that is relevant or has a unique insight. These are sworn, out-of-court statements that permit attorneys to ask witnesses directly about what transpired. Some depositions are conducted via the phone or through a video conference, however most are held in a courtroom. These meetings can be challenging and stressful but they are vital in building 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 timeframe of limitations. Parents have two and a half years to file a lawsuit after the date of a mistake, omission or inaction that they believe caused the injuries of their child.

Attorneys can look through your child's medical records to determine which obstetricians nurses, and other hospital staff might have played a role in your son or daughter's birth. The attorney will seek any documents or information that pertains to the injuries of your child.

Your lawyer must establish the malpractice by proving that the defendant owed the child a duty and failed to provide the standard of care under similar circumstances. To demonstrate this, your attorney will collaborate with medical experts to evaluate the medical professional's actions with accepted practices and procedures.

A lawyer can also assist you to identify witnesses to testify on your behalf. These experts can provide an important insight into the decision-making process of the doctor and how a specific mistake or omission led to the birth injury of your child. Your lawyer will then be able to use this evidence to support your claim for compensation. 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 help families can get compensation to cover medical expenses and lost income due to working hours taken off, rehabilitative treatments and therapies and the costs of long-term care. But the key to successfully winning a birth injury lawsuit is having the top expert witnesses to be on your side.

These individuals are able to review evidence and offer an expert opinion on whether a medical professional violated their duty of care by performing an act that could have resulted in injuries to an infant. They can simplify medical terms for juries or judge to comprehend.

The expert witness's job is to provide an unbiased medical opinion that reflects the current knowledge at the time of the event. This means they shouldn't remove relevant information to provide a more favorable opinion for the plaintiff or defendant.

Experts should also study relevant medical records as well as current research to form an informed opinion. In certain cases experts may be required to give an unassailable statement in the courtroom. These sessions can be a bit intimidating but they are an essential part of the preparation of the case. Your lawyer can prepare you for these sessions and ensure that you are treated fairly.

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