Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact the quality of life for your child. Medical treatments can be expensive and lengthy.

A good lawyer can start a lawsuit for birth injuries and investigate the incident to gather evidence, build the case for negligence, and represent you in settlement negotiations or at trial should it be necessary.

Settlements

In over 90% of medical malpractice cases, plaintiffs and defendants come to an agreement for settlement prior to going to trial. This helps both parties avoid the burdensome and costly court fees, and it provides the plaintiff with a guarantee of a fair settlement. If there is no trial, a jury will decide whether the defendants owe the plaintiff any compensation and the amount of amount they have to pay.

The first step to receive financial compensation for a birth injury in your child is to prove the doctor who gave birth injury attorneys to your baby had an established professional relationship with you, and that he violated this obligation during the birthing procedure. This can be accomplished with medical records and hospital bills. Your lawyer will also have to find evidence that shows the breach caused your child's injuries.

If you have the evidence, your lawyer will submit a demand form to the plaintiffs' malpractice insurers. The document will include a letter detailing the child's injuries together with the supporting documentation. The malpractice insurer will look over the request and decide whether to take it up or reject it. If the demand is rejected, your lawyer will bring a lawsuit.

If you are the victim of the outcome of a successful lawsuit for birth injuries your lawyer may suggest placing part of your settlement or award in a special trust for children with disabilities. This will enable you to grant future funds to your child to cover things such as medicine, physical therapy, and home modifications.

Trials

In some instances, lawyers will try to reach a settlement to resolve the matter without going to court. A settlement provides an amount of money to the plaintiff and leads to an official agreement that ends the case.

A lawyer's team will collect evidence to prove that medical professionals didn't meet a high standard of care, causing an injury. Lawyers for the defendants will also gather evidence to prove the allegations. The attorneys will meet to negotiate for a settlement. If a settlement can't be reached the case will go to trial.

The trial process could last for months or even years to take to. Plaintiffs could suffer from pain, stress and risk as they relive their child's birth injury trauma. The winner may be awarded a substantial amount. A party that loses the appeal can appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can guarantee the best possible outcome through each stage of the legal process, starting with the creation of the demand letter to filing the lawsuit and discovery, settlement negotiations and trial, should it be necessary, appeals. They can assist you in obtaining life-changing compensation for your family's requirements. A lawyer can also provide a network of expert witnesses to prove your claim. The legal team at Lipsitz Green will investigate the case to determine what transpired and fight for a fair amount of compensation.

Statute of Limitations

Medical professionals have their own set of rules they must adhere to in their procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed while evidence is still available and witnesses' memories remain fresh. A lawsuit filed after the deadline for filing a lawsuit has passed is dismissed even the case has a solid legal basis.

For birth injury victims the statute of limitation can be crucially important. A successful case can result in compensation for the victim's current and future medical expenses as well as lost wages due to working less to care for their child, and emotional anxiety. In some cases a judge or jury will also award punitive damages intended to punish defendants for their extreme inattention to detail.

A New York attorney who is experienced in birth injury lawyers injury claims should represent victims. They can investigate and collect evidence to make a case of negligence, negotiate a settlement, or go to court if needed. In some instances there is a possibility that a defendant will attempt to dismiss a lawsuit by arguing that the statute of limitations has expired. A lawyer should be able quickly determine whether this is the case. If the situation involves a public hospital that is managed by local or federal government the possibility of a separate and shorter statute of limitation periods may be in effect.

Expert Witnesses

Expert witnesses can help juries and judges comprehend the evidence and facts of a medical malpractice case. They also offer expert or specialized opinions that help the jury to make a choice. They are able to offer this advice because their knowledge and expertise is more detailed and reliable than that of an average person or someone who is not a medical professional.

A lawyer may hire an expert witness to review medical records, provide a testimony, and aid the lawyer in putting together the case. The expert witness would then sign an affidavit and testify in court regarding their findings. An expert could be an employee of the defendant's hospital or health care system, or someone who is not associated with the institution.

An expert's report should reflect the current state of medical knowledge at the time of incident in the case. The expert should not denigrate or accept the practice as a whole within generally accepted standards of practice. Experts should be prepared and able to provide transcripts of depositions or courtroom testimony to their peers for review. They should not enter into agreements in which the costs for their expert testimony are disproportionately high in relation to the time and effort involved.

Parents who have a child with a severe birth injury can seek compensation for the future medical care their child will require, in addition to any past costs they've already paid for the care of the child. An experienced lawyer can determine if negligence was the cause of the child's injury during birth and secure compensation that can help ease the financial burden of a family.