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Birth Injury Litigation

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

A successful lawsuit could help with medical costs now and in the future along with lost wages and other damages. A successful lawsuit can require years to obtain.

Compensation

Despite amazing medical advances, childbirth can be risky. Mothers and babies expect doctors in attendance to be professional and avoid errors which could have long-lasting consequences. If you believe the hospital or doctor was negligent in causing your baby's injury, you should contact a New York birth injuries lawyer to determine the legal options you have.

If you win your claim, you'll be awarded financial compensation. This could cover the current and future medical expenses, lost wages, emotional distress and other areas of damage. In certain cases juries or judges can also award punitive damages in the event of unjust conduct.

Your attorney will work with a group of expert witnesses to discover what happened and define the accepted standard of care. They will look over your medical records and examine the actions of the medical team that were present during your delivery. This information can help build strong arguments and increase your chances for success.

Before filing a lawsuit, your lawyer will usually attempt to talk to the malpractice insurance company. This will mean submitting an itemized list of demands which will include a thorough statement outlining your family's losses and the medical evidence to back them. The malpractice carrier will then respond with an offer. If there is no settlement the case will go to trial.

Damages

The amount of damages a plaintiff is awarded can be either 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 extent to which the incident has affected their life, as well as evidence of their past and future losses. Certain states also have limitations on the amount a jury can award in non-economic damages.

In order to seek compensation the plaintiff must prove that the defendant violated their duty of care. This is done through a combination of medical records, expert witness testimony, and depositions. Medical experts are those who are knowledgeable in a particular area of medicine. They examine all evidence in the case and can testify at trial if needed. In cases involving birth injuries the expert will help establish that the defendant's actions are beyond the standards of care for an expert in medicine with the same training and experience in the case's circumstances.

In addition to medical experts, attorneys will conduct depositions of any person who might have an important story or insight. These are sworn out-of-court statements that allow attorneys to question witnesses directly about what happened. Some depositions are conducted over the phone or through a video conference, but most are held in the courtroom. These discussions can be difficult and stressful, but they are essential to constructing a convincing case for clients and to securing the highest possible compensation.

Statute of Limitations

In New York, as in most states, medical malpractice claims must be filed within the statute of limitations window. Parents have two and one-half years from date of an act or omission believed to cause injury to their child to bring a lawsuit.

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

Your lawyer must prove malpractice by proving that the defendant owed the child a duty and failed to provide the standard of care in similar circumstances. To establish this, your lawyer will collaborate with medical experts to analyze the actions of the medical professional to accepted practices and procedures.

An attorney can help you locate witnesses to provide testimony in your case. They can provide valuable insight into the decision-making process of the doctor and how a specific error or omission caused your child's birth injury lawyers injury. Your lawyer can then utilize the evidence to support your claim for compensation. A successful medical malpractice case requires two distinct legal claims: one for the child who was injured and one for the parents.

Expert Witnesses

Families can receive compensation for medical expenses, lost wages resulting from the absence of work Rehabilitation treatments and therapies and costs for long-term care with the right assistance. The most important factor to win a birth-injury case is having the most experienced expert witnesses on your side.

These individuals can review the evidence and provide an expert opinion on whether a medical professional acted in violation of their duty of care performing an act that could have led to injuries to an infant. They can simplify medical terms for juries or judge to understand.

An expert witness's role is to provide unbiased medical evidence that reflects the state of medical knowledge at the time of the incident relevant to the case. This means they must not exclude any relevant information in order to form a view that is more favorable to either the plaintiff or defendant.

Experts should also review the relevant medical records as well as contemporaneous literature with sufficient depth in order to form an informed opinion. In some instances experts could be asked to appear in deposition (sworn out-of-court statement). These sessions can be daunting but they are an essential element of preparing for a case. Your lawyer can help you prepare for these sessions and make sure that you are treated with respect.