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Birth Injury Litigation Medical negligence during the delivery process and labor can cause serious birth injuries for infants. These injuries can have a lasting impact on the infant and their family. A successful lawsuit can pay for current and future medical expenses as well as lost wages, and other damages. However it can take a long time to get. Compensation Despite the latest medical advancements birth can be a risky. Babies and mothers expect doctors on hand to be professional and avoid making mistakes which could have long-lasting consequences. If you believe that an institution or doctor is liable for the injuries to your baby and/or death, you should consult a New York birth injuries lawyer to determine the legal options you have. If you win your claim, you'll receive financial compensation. This could include future and current medical expenses as well as lost wages, emotional stress, and a variety of other damages. In some instances, juries and judges may also award punitive damages for unacceptable behavior. Your attorney will collaborate closely with a network of expert witnesses to determine what happened and the standard of care you should expect. They will go through your records and evaluate the actions of the medical staff present during your delivery. This information will help them make a convincing case and increase your chances of success. Before bringing a lawsuit your lawyer will generally attempt to talk to the malpractice insurance company. This is done by making a demand package which includes a statement detailing your family's losses and the medical evidence that supports the claims. The malpractice insurer will then make an offer. If a settlement is not reached, the case will proceed to trial. Damages The damages plaintiffs may be awarded are either economic (such medical bill) or non-economic (such the pain and suffering). In a majority of cases, juries will award both. The amount of the damages a victim receives will be based on the extent to which the injury has affected their life, as well as evidence of the past and future losses. Some states also place limits on how much a jury can award for non-economic damages. In order to pursue compensation the case must prove that the defendant violated their duty of care. This is accomplished by the use of medical records, expert witness testimony, and depositions. Medical experts are those with specialized knowledge in a particular field of medical practice. They scrutinize all evidence and can be able to testify in court, if needed. In birth injury lawyer sandy springs of birth injuries, the expert will prove that the defendant's actions fall in a way that is not consistent with the standard of care for medical professionals who has the same education and experience in the case's circumstances. Attorneys can also question any person who has a story that is relevant or has an unusual perspective. These are sworn out-of-court statements that permit attorneys to ask witnesses directly about what transpired. Some depositions are conducted on the phone or through a video conference, but most are held in the courtroom. These depositions can be difficult and stressful but they are essential to build a strong case and securing the most favorable compensation for clients. Statute of limitations Like most states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have two and a quarter years to file a suit within the time frame of a wrongful act, omission, or omission they believe caused the injuries of their child. 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 staff were involved in the birth of your daughter or son. They can seek any relevant documents and information that could aid in determining the cause of your child's injuries. In order to prove the misconduct, your lawyer needs to establish that the defendant was bound by a duty and breached this duty by failing to uphold the standards of care in similar circumstances. To prove this, your attorney will work with medical experts in comparing the actions of a medical professional with accepted practices and procedures. A lawyer can help identify witnesses who can be able to testify in your case. These experts can provide valuable insight into the process used by doctors to make decisions and the way in which an error or omission caused your child's birth injuries. This evidence can be utilized by your lawyer to justify your claim for compensation. A successful medical malpractice case involves two separate legal claims, one for the child who was injured as well as one for the parents of the child. 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 help. The key to winning a birth injury lawsuit is having the top experts to be on your side. They can also review evidence and provide a professional opinion on whether a medical professional acted in violation of their duty to care by doing something that could have led to an infant's injury. They can simplify medical terms for a jury or judge to comprehend. The role of an expert witness is to offer an objective medical opinion that reflects the current state of the art at the time of the incident. This means they must not omit any relevant facts to form an opinion that is more favorable to either the plaintiff or the defendant. Experts should also study the relevant medical records as well as contemporaneous publications with enough depth so that they can form a sound opinion. In certain cases, an expert may be asked to give a sworn statement outside of the courtroom. These sessions are intimidating but they are an essential element of preparing for a case. Your attorney can help you prepare for these sessions and ensure that you are treated with respect.