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Birth Injury Litigation Medical negligence during the delivery process and labor can cause severe birth injuries for infants These injuries leave a lasting impact on the child and their family A successful lawsuit can be used to pay for future and ongoing medical costs as well as loss of wages and other damages A successful lawsuit could take years to achieve Compensation Despite the latest medical advancements birth can be a risky Mothers and babies expect doctors on hand to act with professionalism and avoid making mistakes that could have lifelong consequences If you believe the doctor or hospital has been negligent in causing the injury to your baby then you should contact a New York birth injuries lawyer to determine the legal options you have A successful claim for birthrelated injuries can result in financial compensation This could include future and ongoing medical costs lost wages emotional stress and other potential damages In some cases juries or judges can also award punitive damages in the event of egregious conduct Your attorney will collaborate closely with a network expert witnesses to determine what took place and the accepted standard of care They will review your records and analyze 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 bringing a suit your lawyer is likely to attempt to bargain with the malpractice insurer This will involve the submission of a demand document which will include a written statement of your familys losses as well as the medical evidence to support them The malpractice insurance company will make an offer If a settlement isnt reached the lawsuit will proceed to trial Damages The damages the plaintiff could be awarded can be either financial such medical bill or noneconomic such as suffering and pain In many cases juries award both The amount of damages that the victim will receive will depend on how the injury has affected them and also their past and future losses Some states also set limits on how much an individual jury can award in noneconomic damages To be able to seek compensation the plaintiff must prove that the defendant did not fulfill their duty of care This is done by using medical evidence expert testimony and depositions Medical experts are people who have specialized knowledge in a particular area of medicine They evaluate all evidence in the case and can testify at trial if needed In cases involving birth injuries the expert will be able to prove that the defendants actions fell outside the standards of care expected of medical professionals with similar experience and training In addition to medical experts attorneys will also conduct depositions of any person who may have an interesting story or insight These are sworn outofcourt statements that allow attorneys to ask witnesses directly about what happened Depositions can be conducted over the phone or via video conference however the majority are conducted in the courtroom These discussions can be stressful and stressful but they are essential in establishing a strong argument and securing the highest possible compensation for clients Statute of Limitations In most states New York requires that medical malpractice claims be filed within the prescribed time of limitations Parents have two and twoandahalf years from the date of an incident or omission believed to cause injury to their child to bring a lawsuit Your attorney may review your childs medical records to determine which doctors nurses and other hospital staff might have been involved in your daughter or sons birth The attorney will ask for any documents and information that pertains to the injuries of your child Your lawyer must establish the malpractice by establishing that the defendant was bound by 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 to evaluate the actions of the medical professional with accepted practices and procedures A lawyer can also assist you to identify and locate witnesses to testify in your case They can provide an important insight into the doctors decisionmaking process and explain how a particular error or omission led to the birth injury of your child Your lawyer can then 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 one for their parents Expert Witnesses Families can get compensation for medical expenses lost wages resulting from absences from work therapy and rehabilitation as well as longterm care expenses with the right assistance birth injury lawyer charleston to winning the birthinjury lawsuit is having the most qualified experts as your witnesses They are able to review the evidence and provide their professional opinion about whether a medical professional violated their duty of care when they performed an action that could have resulted in injuries to an infant They can simplify medical terms for a jury or judge to comprehend The objective of an expert witness is to provide an objective medical opinion that is based on the current state of knowledge at the time of the incident This means that they should not omit any relevant information to develop an opinion that is more favorable to either the plaintiff or defendant Experts should also study relevant medical records and current literature to enable them be able to make an informed judgment In some cases experts may be required to appear in deposition sworn outof court statement These sessions can be a bit intimidating however they are an essential aspect of the preparation of the case Your lawyer can prepare you for these sessions and ensure that you are treated with respect