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Birth Injury Litigation

Medical negligence during the delivery process and labor can result in serious birth injuries for infants. These injuries can have a long-lasting impact on the infant and their family.

A successful lawsuit can assist in paying for medical expenses now and in the future as well as lost wages and other damages. A successful lawsuit could take a long time to complete.

Compensation

Despite incredible medical advances childbirth can be dangerous. Both babies and mothers expect that doctors behave professionally and avoid making mistakes that could result in long-lasting harm. If your baby was injured due to negligent actions of a hospital or doctor, you may want to contact an New York birth injury lawyer to see what legal recourse you have.

If you win your claim, you'll receive financial compensation. This could cover future and current medical expenses loss of earnings, emotional distress, and other areas that could cause damage. In some cases juries and judges could also award punitive damages for unacceptable behavior.

Your attorney will work closely with a network expert witnesses to determine what occurred and the accepted standard of treatment. They will review all of your records and evaluate what the medical staff did during your delivery. This will assist them to make a convincing case and increase your chances of success.

Before bringing a suit, your lawyer will generally try to talk to the malpractice insurance company. This will involve submitting a demand Birth Injury Litigation package, which will include a written statement of your family's losses as well as the medical evidence to support them. The malpractice carrier will then respond with an offer. If a settlement isn't reached, the lawsuit will proceed to trial.

Damages

The damages a plaintiff gets may be economic (such as medical bills) or non-economic (such as suffering and pain). In many cases juries will award both. The amount of damages an individual victim will be awarded will depend on how the injury has affected them, and also their past and future losses. Certain states also have limits on how much the jury can award in non-economic damages.

To be able seek compensation, you must show that the defendant has violated their duty to care. This is done through a combination of medical documents and expert witness testimony and depositions. Medical experts are those who are knowledgeable in a specific field of medicine. They evaluate all evidence in the case and are able to testify at trial, if needed. In cases involving birth injury lawsuit injuries the expert will help establish that the defendant's actions were against the standard of care expected from medical professionals with similar training and experience in the particular case.

In addition to medical experts, attorneys will be able to depose anyone who may have a relevant story or insight. These are sworn declarations delivered outside of court that permit attorneys to ask witnesses directly what transpired. Depositions can be conducted via phone or by video conference but the majority are held in the courtroom. These depositions are often challenging and stressful, yet they are essential to building a strong case for clients and to securing the highest possible compensation.

Statute of Limitations

In most states, New York requires that medical malpractice claims be filed within a specified time of limitations. Parents have up to two and a quarter years to file a suit after the date of the wrongdoing, omission, or omission they believe caused their child's injuries.

Your attorney may review your child's medical records to determine which doctors, nurses and other hospital staff could have been involved in your son's or daughter's birth. He or she may then request any relevant documents and information that could aid in determining the cause of your child's injuries.

Your lawyer must prove malpractice by proving that the defendant owed an obligation to your child and violated it by failing to provide the appropriate care in similar circumstances. To prove this, you lawyer will work with medical professionals in comparing the actions of the medical professional to accepted procedures and practices.

A lawyer can also assist you to identify and locate witnesses to testify on your behalf. They can provide an important insight into the doctor's decision-making process and how a specific mistake or omission caused the birth injury case injury suffered by your child. Your lawyer can then use this evidence to back up your claim for compensation. A successful medical malpractice case requires two distinct legal claims: one for the injured child and one for the parents.

Expert Witnesses

With the right assistance families can secure the compensation they need to pay medical bills and lost income due to time off from work rehabilitation and therapy and the cost of long-term care. The key to winning a birth injury lawsuit is having the best expert witnesses possible on your side.

They can also review evidence and provide a professional opinion on the extent to which a medical professional breached their duty to care by performing an act which could have caused an infant's injury. They can explain complicated medical terms to make them easier for a judge or jury to comprehend.

The job of an expert witness is to provide objective medical testimony that is based on the current state of knowledge at the time of the incident that is being investigated. This means they must not exclude any relevant facts to form an opinion that is more favorably disposed to either the plaintiff or the defendant.

Experts should also carefully review relevant medical records and current literature to in making an informed judgement. In some cases experts may be required to appear in a deposition (sworn out-of court statement). These sessions can be intimidating but they are an essential part of preparing for a case. Your attorney can help you prepare for these sessions and Birth Injury Litigation make sure that you are treated with respect.