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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 infant and their family.

A successful lawsuit can pay for future and ongoing medical costs, lost wages and other damages. A successful lawsuit can take years to achieve.

Compensation

Despite remarkable medical advances the risk of childbirth is still high. Mothers and babies alike expect that doctors act in a professional manner and avoid making mistakes that could have long-lasting consequences. If your baby was injured caused by the carelessness of a medical professional or hospital you might want to consult a New York birth injury lawyer to determine the legal recourses you have.

A successful claim for birth injuries can result in financial compensation. This can include future and current medical expenses, lost wages, emotional stress and other damages that could be awarded. In certain cases juries and judges could also award punitive damages in the event of unacceptable behavior.

Your attorney will collaborate closely with a network of expert witnesses to determine what occurred and the accepted standard of treatment. They will go through all of your medical records and review the actions taken by medical personnel during your delivery. This information will help build strong arguments and increase your chances for success.

Before bringing a suit, your lawyer will typically attempt to bargain with the malpractice insurer. This will require submitting an itemized list of demands that includes a full account of the losses your family has suffered as well as the medical evidence to justify them. The malpractice insurer will then make an offer. If no settlement is reached, the case will go to trial.

Damages

The damages a plaintiff gets 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 the victim will receive will depend on how the injury has affected them as well as their previous and future losses. Some states restrict the amount of non-economic damages a jury may decide to award.

In order to pursue compensation the case must prove that the defendant breached their duty of care. This is accomplished by the use of medical documents, expert witness testimony, and depositions. Medical experts are people who specialize in a particular field of medical practice. They examine all evidence in the case, and testify at trial, if needed. In cases of birth injuries, the expert will help establish that the defendant's actions fall in a way that is not consistent with the standard of care for medical professionals with the same experience and training in the case's circumstances.

In addition to medical experts, attorneys can also conduct depositions of any person who may have an important story or insight. They are sworn statements that are which are not in court and permit attorneys to ask witnesses directly what happened. Some depositions are conducted on the phone or via video conference, however 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 obtaining the highest possible amount of compensation.

Statute of Limitations

In New York, as in the majority of 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 that is believed to have led to the injury of their child to bring a lawsuit.

Attorneys can look through your child's medical records to determine which obstetricians nurses, and other hospital staff might have been involved in your son's or daughter's birth injury lawsuit. They will seek any documents or information that pertains to the injuries of your child.

If you want to prove that there was a misconduct, your lawyer needs to establish that the defendant was responsible for your child's obligation, and then breached it by failing to uphold the standards of care required in similar circumstances. To prove this, your attorney will collaborate with medical experts to compare the actions of a medical professional with accepted practices and procedures.

A lawyer can also help you identify and locate witnesses to testify about your case. They can provide an insight into the decision-making process of the doctor and how a specific mistake or birth injuries omission caused the birth injury of your child. Your lawyer will then be able to 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 the parents.

Expert Witnesses

With the right support families can get the compensation they need to pay medical bills and lost income due to time off from work rehabilitation and therapy, as well as the cost of long-term care. The most important factor to win an injury case at birth is having the most qualified 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 to care by performing an act that could have caused the injury 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 reflects the state of medical knowledge at the time of the incident relevant to the case. This means that they cannot exclude relevant information in order to create a more favorable impression for either the plaintiff or defendant.

Experts should also examine the relevant medical records as well as contemporaneous research with sufficient detail in order to form an informed opinion. In some instances experts may be required to make a deposition (sworn out-of-court statement). These sessions can be stressful but they are an essential part of making a case. Your attorney can help you prepare for these sessions and ensure that you are treated fairly.