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Birth Injury Litigation

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

A successful lawsuit can aid in the payment of medical expenses now and in the future as well as lost wages and other damages. A successful lawsuit may require years to obtain.

Compensation

Despite the remarkable medical advancements birth is still an extremely risky process. Mothers and babies alike expect that doctors behave professionally and avoid making mistakes that could result in long-lasting harm. If your baby was injured that was caused by negligent actions of a medical professional or hospital, you may want to speak with an New York birth injury lawyer to see what legal recourses you have.

A successful claim for birth injuries can result in financial compensation. This can be used to pay for the current and future medical expenses and lost wages, emotional distress, and other areas of damage. In certain cases juries or judge may also award punitive damages for egregious conduct.

Your attorney will work closely with network experts witnesses to determine what transpired and the accepted standard of care. They will go through all of your records and review the actions of your medical team during your birth. This information can help build a strong argument and maximize your chances of success.

Typically your lawyer will attempt to reach a settlement agreement with the malpractice insurer prior to filing a lawsuit. This will require submitting an array of demands that includes a comprehensive statement outlining your family's losses and the medical evidence to back the claims. The malpractice insurer will then make an offer. If no settlement is reached the case will go to trial.

Damages

The damages that plaintiffs can be awarded can be monetary (such medical bills) or non-economic (such pain and suffering). In many cases juries decide to award both. The amount of the damages the victim is awarded will be determined by the degree to which the accident has affected their lives, as well as evidence of the past and future losses. Certain states also have limits on the amount that a jury can award for non-economic damages.

To be able to seek compensation to recover compensation, it must be proved that the defendant did not fulfill their duty of care. This is accomplished by the use of medical records, expert testimony and depositions. Medical experts are people who have been trained in a particular area of medical practice. They examine all evidence in the case and are able to testify in court if required. In birth injury cases the expert will determine if the defendant's actions were outside the scope of care for a medical professional of similar training and experience.

Attorneys will also depose anyone with a relevant story or who has an unusual perspective. These are sworn statements which are not in court and permit attorneys to ask witnesses directly what transpired. Some depositions are conducted over the phone or through a video conference, but most are conducted in a courtroom. These depositions 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

In New York, as in the majority of states, medical malpractice claims must be filed within the time frame of a statute of limitations. Parents have two and two and a half years from date of an incident or omission believed to cause the injury of their child to pursue a lawsuit.

Your attorney will be able to review the medical records of your child to determine whether any obstetricians or nurses and other hospital personnel were involved in the birth of your daughter or son. They can seek any relevant documents and information that could help determine the cause of your child's injuries.

Your lawyer must prove that there was a breach of contract by establishing that the defendant was bound by a duty to your child and failed to provide the standard of care under similar circumstances. To prove this, you lawyer will work with medical professionals to compare the actions of the medical professional with accepted procedures and practices.

A lawyer can help locate witnesses to be available to testify in your case. They can provide valuable insight into the decision-making process of a doctor and how an error or omission caused the birth injuries of your child. This evidence can be used by your lawyer to justify your compensation claim. A successful medical malpractice case requires two separate legal claims: one for the child injured and one for parents.

Expert Witnesses

With the right assistance, families can obtain compensation that covers medical bills, lost income from absence from work as well as rehabilitative therapies and treatments and the costs of long-term care. The most important factor to win a birth-injury claim is having the most experienced experts on your side.

They are able to look over the evidence and provide an expert opinion on whether a medical professional has violated their duty of care by performing an act that could have caused an infant's injury. They can simplify medical terms for juries or judge to understand.

An expert witness's role is to provide unbiased medical testimony that reflects the state of medical knowledge at the time of the incident that is being investigated. This means that they cannot remove relevant information to create a more favorable opinion for the plaintiff or the defendant.

Experts should also carefully review relevant medical records and recent research in making an informed judgement. In some instances experts could be asked to provide deposition (sworn out-of-court statements). These sessions can be a bit intimidating but they are an essential part of the preparation of the case. Your attorney can help prepare for these sessions and ensure that you are treated with respect.