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Birth Injury Litigation

Medical negligence during labor and delivery can cause serious birth injuries to infants. These injuries have a lasting impact on the infant and their family.

A successful lawsuit could help with medical costs now and in the future, lost wages, and other damages. A successful lawsuit can take years to reach.

Compensation

Despite amazing medical advances birth can be a risky. Both mothers and babies expect that doctors act with professionalism and avoid mistakes that could cause long-lasting damage. If you think the doctor or hospital is liable for your baby's injury then you should contact a New York birth injury lawsuits injuries lawyer to determine the legal options you have.

A successful claim for birth injuries can result in financial compensation. This could include future and present medical expenses as well as lost wages, emotional stress and other damages that could be awarded. In some cases juries and judges can also award punitive damage for the most egregious of conduct.

Your attorney will collaborate in conjunction with a network of experts witnesses to understand what happened and define the standard of care that is accepted. They will review your medical records and review the actions of the medical staff that were present during your delivery. This information will help build an argument that is strong and increase your chances of success.

Typically, your lawyer will try to reach a settlement with the malpractice company prior to filing a lawsuit. This involves sending a demand packet, which includes a statement detailing your family's losses as well as the medical evidence that supports the claim. The malpractice insurance company will make an offer. If a settlement isn't reached, the case will proceed to trial.

Damages

The damages plaintiffs may be awarded are either economic (such medical bills) or not-economic (such s suffering and pain). In a majority of cases, juries will award both. The amount of damages that an individual victim will be awarded is determined by how the injury has affected them, as well as their past and future losses. Some states restrict the amount of non-economic damages that juries can determine.

To be able seek compensation, you must prove that the defendant did not fulfill their duty of care. This is accomplished by the use of medical records, expert witness testimony, and depositions. Medical experts are individuals who specialize in a particular field of medical practice. They review all evidence in the case and are able to testify in court if required. In cases involving birth injuries, an expert can help prove that the defendant's actions are in a way that is not consistent with the standard of care expected from a medical professional who has the same education and experience in the specific circumstances of the case.

In addition to medical experts, attorneys will also take the depositions of anyone who might have an interesting story or insight. These are sworn, non-judgmental statements that allow attorneys to question witnesses directly about what happened. Depositions can be conducted via phone or by video conference however, the majority are conducted in court. These discussions can be difficult and stressful, yet they are essential to constructing a convincing case for clients and obtaining the best possible compensation.

Statute of Limitations

In New York, as in many states, medical negligence claims must be filed within the statute of limitations. Parents have two and a half years to file a lawsuit within the time frame of a mistake, omission or failure that they believe caused their child's injuries.

Your attorney can review the medical records of your child to determine if any obstetricians or nurses, as well as other hospital staff were involved in the birth of your son or daughter. The attorney will request any documents or information that pertains to the injuries of your child.

In order to prove the misconduct, your lawyer needs to prove that the defendant owed your child a duty and breached this duty by failing to adhere to the standard of care under similar circumstances. To prove this, you attorney will collaborate with medical professionals in comparing the actions of the medical professional to accepted procedures and practices.

An attorney can help you locate witnesses to be available to testify in your case. These experts can provide valuable insight into the process of making decisions by a doctor and what caused the birth injury of your child. The evidence could be used by your lawyer to support your claim for compensation. A successful medical malpractice case involves two separate legal claims one for the child that was injured as well as one for the parents of the child.

Expert Witnesses

With the right support families can secure compensation to cover medical expenses and lost income due to absence from work as well as rehabilitative therapies and treatments as well as the cost of long-term care. The most important factor to win a birth injury law firm-injury case is having the best experts as your witnesses.

They are able to review the evidence and provide their professional opinion as to whether a medical professional breached their duty of care when they performed 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 give an impartial medical opinion that is reflective of the current knowledge as of the date of the event. 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 the relevant medical records as well as contemporaneous publications with enough depth to enable them to form a sound opinion. In some instances experts could be required to provide a sworn statement outside of court. These sessions can be daunting however they are an essential aspect of making the case. Your attorney can help prepare for these sessions and ensure that you are treated with respect.