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Birth Injury Litigation

Medical negligence during labor and delivery can result in serious birth injury law firms injuries for infants. These injuries can have a lasting impact on the child as well as their families.

A successful lawsuit can be used to pay for current and future medical expenses, loss of wages, and other damages. A successful lawsuit could take years to reach.

Compensation

Despite the incredible medical advances however, childbirth remains an extremely risky process. Baby and mother expect doctors to behave professionally and avoid making mistakes that could result in permanent consequences. If your baby was injured due to negligent actions of a hospital or doctor you might want to contact an 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 include future and ongoing medical costs loss of earnings, emotional stress and many other damages. In some cases juries or judges could also award punitive damages in the event of egregious conduct.

Your attorney will work with a network of expert witnesses to discover what happened and define the standard of care that is accepted. They will review your entire medical record and review what the medical staff did during your delivery. This information will help them make a convincing case and increase your chances of success.

Typically your lawyer will attempt to negotiate a settlement with the malpractice carrier before filing a lawsuit. This is done by the submission of a demand document, which will include a written statement of your family's losses along with medical evidence to support the claim. The malpractice insurance company will make an offer. If no settlement is reached, the lawsuit will go to trial.

Damages

The damages that the plaintiff could be awarded can be either financial (such medical bills) or not-economic (such suffering and pain). In many cases, juries award both. The amount of the damages a victim receives will be based on the degree to which the accident has affected their life, as well as evidence of their past and future losses. Certain states restrict the amount of non-economic damages juries can decide to award.

To be able to claim compensation, you must show that the defendant has violated their duty to care. This is accomplished by the use of medical documents as well as expert witness testimony and depositions. Medical experts are people who specialize in a certain area of medical practice. They evaluate all evidence in the case and are able to testify at trial if necessary. In birth injury cases, experts will be able to prove that the defendant's actions are outside of the standard of care for an expert in medicine with similar training and experience in the case's circumstances.

Attorneys will also depose anyone with a relevant story or with an exclusive perspective. These are sworn, out-of-court statements that permit attorneys to inquire directly with witnesses about what transpired. Depositions can be conducted via phone or via video conference however the majority of depositions are conducted in the courtroom. These depositions are often challenging and stressful, yet they are essential in establishing a strong argument for clients and to securing the highest possible amount of compensation.

Statute of limitations

Like most states, New York requires that medical malpractice claims be filed within the prescribed time of limitations. Parents have two and a half years from the date of an act, omission or failure believed to cause the injury of their child to make a claim.

Your attorney may review your child's medical records to determine which obstetricians nurses, and other hospital staff could have been involved in your son or daughter's birth. They can request any relevant documents and data that can help determine the cause of the injuries to your child.

If you want to prove that there was a misconduct, your lawyer needs to establish that the defendant owed your child a duty and breached this duty by failing to adhere to the standards of care required in similar circumstances. To prove this, you attorney will collaborate with medical professionals to compare the actions of the medical professional to accepted procedures and practices.

A lawyer can assist you find witnesses who will testify in your case. These experts can provide an important insight into the process used by doctors to make decisions and how a particular mistake or omission caused your child's birth injury. Your lawyer can then use the evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims one for the child injured and another for their parents.

Expert Witnesses

Families can receive compensation for medical bills, lost wages from time off work Rehabilitation treatments and therapies and costs for long-term care with the right support. But the most important thing to winning a birth injury case is having the best experts for your case.

They will review the evidence and provide a professional opinion as to whether a medical professional violated their duty of care in carrying out an act that could have caused the injuries of an infant. They can simplify medical terms for a jury or judge to understand.

The expert witness's role is to provide an objective medical opinion that reflects the current knowledge as of the date of the event. This means they must not omit any relevant information in order to form an opinion that is more favorable to either the plaintiff or the defendant.

Experts should also examine the relevant medical records as well as contemporaneous publications with enough depth to allow them to form a sound opinion. In certain cases experts may be required to make deposition (sworn out-of-court declaration). These sessions can be a bit intimidating but they are a crucial part of the preparation of the case. Your attorney can prepare you for these sessions and make sure that you are treated with respect.