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Medical inattention during labor and delivery can cause serious birth injuries to infants. These injuries can have a long-lasting impact on the infant as well as their families.
A successful lawsuit can pay for current and future medical costs, lost wages and other damages. A successful lawsuit may take years to reach.
Compensation
Despite the remarkable medical advancements yet, childbirth is dangerous procedure. Both mothers and babies expect that doctors act in a professional manner and avoid blunders which could have lasting consequences. If you believe the hospital or doctor is liable for the injuries to your baby or harm, birth injuries you should speak with a New York birth injuries lawyer to determine the legal options you have.
A successful claim for birth injuries results in financial compensation. This could cover the current and future medical expenses, lost wages, emotional distress, and other areas that could cause damage. In some instances juries and judge may also award punitive damage for egregious behavior.
Your attorney will collaborate in conjunction with a network of experts witnesses to analyze what happened and establish the standard of care that is accepted. They will go through all of your medical records and analyze what the medical staff did during your birth. This will assist them to make a convincing case and increase your chances of success.
Typically, your lawyer will try to reach a settlement agreement with the malpractice carrier before filing a lawsuit. This is done by making a demand package that includes a report detailing your family's losses and the medical evidence that supports the claims. The malpractice carrier will then respond with an offer. If no settlement is reached, the case will proceed to trial.
Damages
The damages a plaintiff gets could be monetary (such as medical bills) or non-economic (such as pain and suffering). In a lot of cases, juries award both. The amount of compensation the victim is awarded will depend on how the accident has affected them as well as their past and future losses. Some states also place restrictions on the amount the jury can award in non-economic damages.
To be able to seek compensation, you must show that the defendant violated their duty to care. This is done by the use of medical documents, expert witness testimony, and depositions. Medical experts are people with specialized knowledge in a specific field of medicine. They examine all evidence in the case, and testify at trial, if needed. In birth injury cases, the expert will help establish that the defendant's actions were beyond the standards of care for medical professionals with similar training and experience under the circumstances of the case.
In addition to medical experts, attorneys will conduct depositions of any person who has an interesting story or insight. These are legally sworn statements delivered outside of court that permit attorneys to inquire about witnesses directly what happened. Some depositions are conducted via phone or by video conference however the majority of depositions are conducted in the courtroom. These conversations are often difficult and stressful but are crucial to establishing a strong case for clients and obtaining the highest possible compensation.
Statute of Limitations
In New York, as in most states, medical malpractice claims must be filed within a statute of limitations window. Parents have two and a half years from the date of an act or omission believed to cause the injury of their child to make a claim.
Your attorney may review your child's medical records to determine which doctors, nurses, and other hospital staff might have been involved in your son's or daughter's birth. He or she can then request any relevant documents and other information that could help determine the cause of your child's injuries.
Your lawyer must prove that there was a breach of contract by proving that the defendant was bound by an obligation to your child and breached it by failing to provide the standard of care in 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.
A lawyer can also help you identify and locate witnesses to testify in your case. These experts can provide valuable insight into the process used by doctors to make decisions and what caused your child's birth injuries. Your lawyer will then be able to use this evidence to prove your claim for compensation. A successful medical malpractice case requires two separate legal claims one for the injured child and another for the parents.
Expert Witnesses
With the right assistance families can receive the compensation they need to pay medical bills and lost income due to time away from work, rehabilitative treatments and therapies in addition to the cost of long-term medical care. The key to winning a birth injury case is having the best experts available on your side.
These individuals can review the evidence and provide their professional opinion on whether a medical professional violated their duty of care when they performed an act that could have led to an infant's injury. They can also explain complicated medical terms to make them easier for a judge or jury to understand.
The role of an expert witness is to give unbiased medical testimony that reflects the state of knowledge at the time of the event that is being investigated. This means they should not exclude relevant information in order to present a favorable perspective for either the plaintiff or defendant.
Experts should also carefully review relevant medical records and contemporary literature to enable them to form an informed opinion. In certain instances experts may be required to give an oath outside of court. These sessions can be daunting but are an important part of the preparation of a case. Your attorney can assist you prepare for these sessions and ensure that you are treated with respect.
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