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Birth Injury Litigation Medical inattention during labor and delivery can cause serious birth injuries for infants These injuries leave a lasting impact on the infant and their family A successful lawsuit can pay for future and current medical expenses loss of wages and other damages A successful lawsuit can require years to obtain Compensation Despite the amazing medical advancements yet childbirth is dangerous procedure Both mothers and babies expect that doctors will act professionally and avoid mistakes which could have lasting consequences If you believe that a doctor or hospital was negligent in causing the injury to your baby then you should contact a New York birth injuries lawyer to determine what legal options you have If you win your claim youll be awarded financial compensation This could cover the medical costs of the present and future and lost wages emotional distress and other potential areas of damage In some instances juries and judge may also award punitive damage for an act of adversity Your attorney will work with a group of expert witnesses to determine what occurred and define the standard of care that is accepted They will review your medical records and analyze the actions of the medical team present during your delivery This will help them build a strong case to maximize your chances of success Before bringing a suit your lawyer will generally attempt to negotiate with the malpractice insurer This will require you to submit an agenda of demands which will include a thorough description of your familys losses as well as the medical evidence to justify the claims The malpractice insurer will then make an offer If there is no settlement the case will proceed to trial Damages The damages a plaintiff receives may be either financial such as medical bills or noneconomic such as suffering and pain In many cases juries award both The amount of damages a victim will receive will depend on how the accident has affected them as well as their previous and future losses Some states also set limitations on the amount a jury can award in noneconomic damages In order to pursue compensation the case must prove that the defendant breached their duty of care This is done by combining medical documents expert testimony and depositions Medical experts are individuals who are experts in a particular field of medicine They scrutinize all evidence in the case and can testify in court if required In birth injury cases the expert will be able to prove that the defendants actions fell outside the guidelines of a medical professional of similar experience and training In addition to medical experts attorneys can also be able to depose anyone who might have an interesting story or insight These are legally sworn statements delivered outside of court that allow attorneys to ask witnesses directly what happened Depositions can be conducted via telephone or via videoconference however the majority are conducted in court These depositions are often challenging and stressful yet they are essential to establishing a strong case for clients and to securing the highest possible amount of compensation Statute of limitations Like most states New York requires that medical malpractice claims be filed within the timeframe of limitations Parents have two and two and a half years from date of the act or omission to have caused their childs injury to bring a lawsuit Your attorney will be able to review the medical records of your child to determine whether any nurses or obstetricians as well as other hospital personnel were involved in the birth of your daughter or son The attorney will request any documents or information related to the injury of your child Your lawyer must prove that there was a breach of contract by establishing that the defendant owed an obligation to your child and breached it by failing to provide the proper care under similar circumstances To prove this you attorney will work with medical professionals in comparing the actions of the medical professional with accepted procedures and practices A lawyer can also help you identify witnesses and find them to testify about your case These professionals can provide valuable information about the decisionmaking process of a doctor and how an error or omission caused your childs birth injuries The evidence could be utilized by your lawyer to support your compensation claim A successful medical malpractice claim involves two separate legal claims one for the child who was injured and the other for their parents Expert Witnesses With the right help families can secure compensation to cover medical expenses as well as lost earnings due to absence from work or rehabilitative therapies as well as the cost of longterm medical care The key to winning a birth injury lawsuit is having the most experienced expert witnesses possible to be on your side These individuals can review evidence and provide a professional opinion on whether a medical professional violated their duty of caring by performing an act that could have caused the injury of an infant They can also explain complex medical terms to make them easier for a judge or jury to comprehend An expert witnesss role is to provide impartial medical testimony that is based on the current state of knowledge at the time of the event that is being investigated This means they shouldnt eliminate relevant information to give a more favorable view for either the plaintiff or defendant Experts should also carefully review relevant medical records and contemporary literature to enable them be able to make an informed judgment In some instances experts could be asked to give an oath outside of court These sessions can be daunting but they are an essential part of preparing for a trial birth injury attorney denton can help prepare for these sessions and ensure that you are treated fairly
