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Birth Injury Litigation Medical mistakes during labor and delivery can cause serious birth injuries for infants. These injuries can have a long-lasting effect on the child and their family. A successful lawsuit can help pay for future and current medical costs as well as lost wages, and other damages. However the process of obtaining a lawsuit that is successful can take a long time to get. Compensation Despite the remarkable medical advancements, childbirth is still an extremely risky process. Babies and mothers alike hope that doctors act with professionalism and avoid errors that could cause long-lasting damage. If your baby was injured caused by the negligence of a doctor or hospital, you may want to contact a New York birth injury lawyer to determine the legal options you have. birth injury law firm arlington heights for birth injuries can result in financial compensation. This can be used to pay for the current and future medical expenses as well as lost earnings, emotional distress, and other areas of potential damage. In some cases juries and judges can also award punitive damages for egregious behavior. Your attorney will collaborate closely with a network expert witnesses to determine what occurred and the accepted standard of treatment. They will go through all of your medical records and analyze what the medical staff did during your delivery. This information will help build solid arguments and increase your chances for success. Typically, your lawyer will try to reach a settlement agreement with the malpractice carrier before filing a lawsuit. This involves submitting a demand package, which will include a written statement of your family's losses and the medical evidence to support the claims. The malpractice insurance company will make an offer. If there is no settlement the case will go to trial. Damages The damages that plaintiffs may be awarded can be either financial (such medical bills) or not-economic (such suffering and pain). In a majority of cases juries award both. The amount of the damages a victim receives will be determined by the degree to which the accident has impacted their life, as well as evidence of their past and future losses. Certain states restrict the amount of non-economic damages that juries may determine. In order to seek compensation to recover compensation, it must be proved that the defendant did not fulfill their duty of care. This is done through a combination of medical records as well as expert witness testimony and depositions. Medical experts are individuals who have been trained in a particular field of medicine. They scrutinize all evidence and are able to appear in court if they are required. In birth injury cases, the expert will determine if the defendant's actions did not meet the standard of care of a medical professional of similar training and experience. In addition to medical experts, attorneys will conduct depositions of any person who has a relevant 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 the phone or through a video conference, however most are held in a courtroom. These discussions can be difficult and stressful but are crucial to constructing a convincing case for clients and obtaining the highest possible amount of compensation. Statute of limitations In New York, as in most states, medical malpractice claims must be filed within the timeframe of. Parents have two and two and a half years from date of an incident, omission or failure believed to have caused their child's injury to pursue a lawsuit. Your attorney can look over 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 son or daughter. He or she can then request any relevant documents and information that could help identify the cause of your child's injuries. Your lawyer must prove malpractice by establishing that the defendant was bound by obligations to your child and failed to provide the proper care under similar circumstances. To prove this, your attorney will work with medical experts to analyze the medical professional's actions with accepted practices and procedures. A lawyer can assist you find witnesses who will be able to testify in your case. They can provide valuable information about the process used by doctors to make decisions and the way in which an error or omission caused the birth injury of your child. This evidence can be used by your lawyer to prove your claim for compensation. A successful medical malpractice case involves two separate legal claims, one for the child that was injured as well as one for the parents of the child. Expert Witnesses Families can be compensated for medical bills, lost wages from absences from work therapy and rehabilitation and costs for long-term care with the right assistance. However, the key to winning a birth injury lawsuit is having the top expert witnesses for your case. They can look over the evidence and give their professional opinion about whether a medical professional has violated their duty of care when they performed an action that could have caused an infant's injuries. They can also explain complex medical terms to make it easier for judges or jury to understand. An expert witness's job is to provide objective medical evidence that reflects the current state of knowledge at the time of the event that is being investigated. This means that they should not omit any relevant information to create an opinion that is more favorably disposed to either the plaintiff or defendant. Experts should also study relevant medical records and contemporary literature to make an informed decision. In some instances, experts may be called to provide deposition (sworn out-of-court statements). These sessions can be intimidating but they are a crucial part of the preparation of the case. Your attorney can help you prepare for these sessions and ensure that you are treated with respect.