Birth Injury Litigation

Birth injuries can lead to severe disabilities that could affect your child's quality of life. Medical treatments can be expensive and lengthy.

A good lawyer can bring a birth injury lawsuit to investigate the incident, gather evidence, create the case for negligence, and represent you during settlement negotiations or at trial if needed.

Settlements

In 90% of medical malpractice lawsuits the defendant and plaintiff reach a settlement before the case is tried. This helps both parties save money and stress-inducing court costs, and gives the plaintiff a promise of compensation. In the event that an agreement cannot be reached, a jury will decide whether the defendants owe the plaintiff any compensation and the amount of money they should pay.

The first step to receive financial compensation for a birth injury in your child is proving the doctor who delivered your baby had a professional relationship with you, and that he breached this obligation during the birthing procedure. This can be accomplished with medical documents and hospital bills. Your lawyer will also need to gather evidence that the breach led to your child's injuries.

Once you have the evidence, your attorney will submit a package of demands to the malpractice insurance carriers of the defendants. This document includes a written statement detailing your child's injuries, as well as supporting documentation. The malpractice insurer will examine the request, and then either decide whether to accept or deny it. If the demand is rejected then your lawyer will file a lawsuit.

If you are the victim of a successful birth injury lawsuit, your attorney may recommend placing some of the settlement or award in a special trust for children with special needs. This will enable your child to access funds in the future for things like medicines physical therapy, home modifications.

Trials

In some cases, attorneys will attempt to find a solution to the matter before going to court. A settlement is an agreement in writing that settles a dispute and pays compensation to the plaintiff.

An attorney's team will seek evidence to prove medical experts didn't adhere to a strict standard of care and triggered an injury. Lawyers representing the defendants will collect evidence on their own in order to refute assertions. The attorneys will then meet with one other to discuss an amount for settlement. If a settlement cannot be reached, then the case will go to the court.

The trial process may be lengthy or take years to take to. It can be stressful, dangerous and painful for plaintiffs who have to relive the trauma of their child's birth injury attorneys injuries. The winner could be awarded a huge verdict. A party that loses the appeal can appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A legal professional can help you get the best outcome at every stage of the legal process, starting with the creation of the demand letter, to filing the lawsuit or discovery, negotiation of settlement and trial, or when necessary, appeals. They can help you get compensation that can change your life and the lives of your family members. A lawyer can help you establish a a network of experts to help support your claim. The legal team at Lipsitz Green will investigate your case to determine how the injury occurred and fight for fair compensation.

Statute of limitations

Medical professionals have their own set of rules to follow when performing procedures. This includes the statute of limitations which imposes a time limit for filing lawsuits. This limit is meant to ensure that claims can be filed when evidence is still available and witnesses' memories are fresh. A lawsuit filed after the deadline for filing a lawsuit has passed is dismissed even the case has a solid legal basis.

The statute of limitations can be crucial for birth injuries. A successful case can result in compensation for the victim's present and future medical expenses and lost wages resulting from being away from work to care for their child, as well as emotional stress. In certain cases the judge or jury will also award punitive damages to punish defendants for their extreme negligence.

Birth injuries victims should have an New York attorney familiar with these types of claims. They can investigate the accident and gather evidence, present a case for negligence and settle the case or go to trial if necessary. In some instances there is a possibility for a defendant to dismiss a case claiming that the statute of limitations is over. A lawyer should be able quickly determine if this is the situation. If the case involves a public health facility, which are operated by local government, state or federal authorities the possibility of a separate and shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can help juries and judges comprehend the evidence and facts of the medical malpractice case. They may also provide specialized or professional opinions and conclusions to help them make an informed decision. They are able to offer this advice because their knowledge and expertise is more thorough and reliable than the average person or one with no medical background.

Legal representatives can hire an expert witness to review medical records, give testimony and assist the lawyer in putting together the case. The expert would then sign an affidavit as well as testify in court regarding their findings. An expert could be an employee of the defendant's hospital or health care system, or an individual outside of the institution.

An expert's report should reflect the state of medical knowledge at the time of the occurrence in the case. The expert should not condemn any practice that is not in line with generally accepted practice standards or support performance that is outside of those standards. Experts should provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not sign contracts that state that the costs for expert testimony are too expensive compared to the time and effort.

Parents of a child who has suffered a severe birth trauma can seek damages to pay for the future expenses they'll have to pay to care for their child, as well as any previous expenses that may have been caused. A reliable attorney can determine whether negligence was the cause of the child's injury during birth and seek compensation to ease the financial burden on families.