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Birth Injury Litigation

Medical mistakes during labor and delivery can cause serious birth injuries to infants. These injuries leave a lasting impact on the child as well as their family.

A successful lawsuit could help pay for current and future medical costs as well as lost wages, and other losses. However it can take a long time to get.

Compensation

Despite amazing medical advances birth can be a risky. Babies and mothers expect doctors in attendance to act with professionalism and avoid errors which could have long-lasting consequences. If your baby suffered an injury that was caused by carelessness of a doctor or hospital, you may want to consult a New York birth injury attorney injury lawyer to see what legal recourse you have.

A successful claim for birth injuries will result in financial compensation. This can cover current and future medical expenses as well as lost wages, emotional distress, and other areas that could cause damage. In some cases juries or judges could also award punitive damages for the most egregious of conduct.

Your attorney will collaborate with a group of expert witnesses to understand what happened and establish the standard of care that is accepted. They will go through all your medical records and evaluate the actions taken by medical personnel during your delivery. This will help to build strong arguments and increase your chances of success.

Typically, your lawyer will try to reach a settlement with the malpractice carrier before filing an action. This will require submitting a package of demands, which includes a detailed statement outlining your family's losses and medical evidence to back them. The malpractice insurance company will respond with an offer. If no settlement is reached, the case will go to trial.

Damages

The damages that a plaintiff receives may be economic (such as medical bills) or non-economic (such as pain and suffering). In many cases juries award both. The amount of damages a victim receives will be based on the degree to which the accident has affected their lives, and also the evidence of the past and future losses. Certain states limit the amount of non-economic damages that a jury may determine.

In order to seek compensation the plaintiff must prove that the defendant violated their duty of care. This is accomplished by using medical evidence, expert testimony and depositions. Medical experts are individuals with specialized knowledge in a specific field of medicine. They examine all evidence in the case, and testify in court if required. In birth injury cases, the expert will prove that the defendant's actions are outside of the standard of care expected from a medical professional with the same experience and training in the particular case.

In addition to medical experts, attorneys also take the depositions of anyone who might have an interesting story or insight. These are sworn out-of-court statements that permit attorneys to question witnesses directly about what happened. Some depositions are conducted via phone or by video conference however the majority of depositions are conducted in the courtroom. These depositions are often challenging and stressful, but are essential in establishing a strong argument for clients and obtaining the highest possible compensation.

Statute of limitations

In most states, New York requires that medical malpractice claims be filed within the statute of limitations. Parents have two and two and a half years from date of an incident or omission to have caused their child's injury to make a claim.

Your attorney will be able to review the medical records of your child to determine if any obstetricians or nurses and other hospital staff were involved in the birth of your child or daughter. They can request any relevant documents and information that may aid in determining the cause of your child's injuries.

Your lawyer must establish the malpractice by establishing that the defendant owed the child a duty and breached it by failing to provide the standard of care under similar circumstances. To prove this, your attorney will collaborate with medical professionals to compare the actions of the medical professional with accepted practices and procedures.

A lawyer can also assist you to find witnesses who can testify about your case. They can provide valuable insight into the process used by doctors to make decisions and how an error or omission caused the birth injuries of your child. The evidence could be utilized by your lawyer to prove your compensation claim. A successful medical malpractice case involves two separate legal claims, one for the child injured as well as one for the parents of the child.

Expert Witnesses

With the right assistance families can secure compensation that covers medical bills and lost income due to absence from work as well as rehabilitative therapies and treatments and the costs of long-term health care. The key to winning an injury case at birth is having the best experts as your witnesses.

They can look over the evidence and give their professional opinion on whether a medical professional acted in breach of their duty of care when they performed an action that could have led to the injuries of an infant. They can simplify medical terms for a jury or judge to comprehend.

The job of an expert witness is to provide impartial medical testimony that is based on the state of knowledge at the time of the incident relevant to the case. This means that they cannot ignore relevant information in order to provide a more favorable perspective for either the plaintiff or the defendant.

Experts should also carefully review relevant medical records as well as current literature to in making an informed judgement. In some instances experts could be asked to give deposition (sworn out-of-court declaration). These sessions are intimidating but they are an essential element of preparing for a case. Your lawyer can help you prepare for these sessions and ensure that you are treated fairly.