Birth Injury Litigation

Birth injuries can result in severe disabilities that could affect your child's quality of life. Medical treatments can be expensive and can take a long time.

A competent lawyer will file your lawsuit for birth injury, study the incident, collect evidence, and build a case of negligence. They may represent you in settlement negotiations or in court if necessary.

Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants reach an agreement on settlement prior to going to trial. Both parties can avoid the costly and stressful court fees and receive compensation for the plaintiff. If a trial is not feasible, a jury determines whether the defendants are responsible to pay compensation and what amount.

The first step toward receiving financial compensation for your child's birth injury is proving that the doctor you hired to deliver your baby had a an official relationship with you and violated this obligation during the birthing process. This can be done by using medical documents and hospital invoices. Your lawyer will also need to establish that the breach was responsible for your child's injuries.

Once you have this evidence and your lawyer has it, they will send an offer to the defendants' malpractice companies. This document contains a thorough letter that describes the injuries your child sustained along with any supporting documents. The malpractice insurer will review the demand and either accept or reject it. If the demand is rejected then your lawyer will file suit.

If you are the victim of the outcome of a successful lawsuit for birth injury lawyer injuries the attorney you consult with may recommend placing part of your settlement or award in a special trust for children with special needs. This will permit you to make future payments to your child for things like physical therapy, medication, and home modifications.

Trials

In certain instances, lawyers will try to reach a deal to resolve the matter without a court appearance. A settlement is a formal agreement that resolves the case and offers compensation to the plaintiff.

A lawyer's team will collect evidence to show that medical professionals did not adhere to a high standard of care, causing an injury. Lawyers representing defendants will gather evidence of their own to disprove allegations. The attorneys will meet to discuss an agreement. If a settlement cannot be reached the case will go to trial.

The trial process may take months or years to take to. Plaintiffs may suffer from pain, stress and even risk when they recall the trauma of their child's birth. The winning side may be awarded a huge verdict. A losing party can file an appeal of the decision.

An experienced birth injury lawyer can make a huge difference in your case. Legal professionals can guarantee the best outcome at every stage of the legal process, starting with the creation of the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, or in the event of an appeal, if necessary. They can help you obtain compensation that will change your life and the lives of your family members. A lawyer can also provide an expert witness network to back 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

The medical profession has its own set of rules to be adhered to during procedures. This includes the statute of limitations, which imposes a time limit for filing lawsuits. This limitation is designed to ensure that claims are filed as long as physical evidence remains available and the memories of witnesses are fresh. Even if the lawsuit has a solid legal basis the case is dismissed if it is filed after the statute has expired.

The time limit for filing a claim can be important for victims of birth injuries. A successful claim may provide the compensation needed for future and ongoing medical expenses, lost wages from missing work to take care of the child, as well as emotional stress. In some cases, the judge or jury could also award punitive damages to punish defendants who have demonstrated extreme negligence.

A New York attorney who is familiar with birth injury claims should represent victims. They are able to investigate the incident and gather evidence, present an argument for negligence and seek a settlement or go to trial if necessary. In some instances the defendant could try to dismiss a suit claiming that the statute of limitations has passed. A lawyer will be able to swiftly determine if this is the case. If the situation involves public hospitals which are operated by state, local, or federal governments in addition, a separate and shorter time limit could apply.

Expert Witnesses

In a medical malpractice case, experts can help judges and juries understand the evidence and the facts in the case. They are also able to provide specialized or professional opinions and inferences to assist them in making a decision. They are allowed to do so because their expertise is more reliable and thorough than the knowledge of a layperson or someone with no medical training.

A lawyer can engage an expert witness to review medical records, give an account and assist the lawyer in putting together the case. The expert would then be required to sign an affidavit and be present in court regarding their findings. An expert can be a hospital employee or health care provider at the institution of the defendant, or an outsider.

The testimony of an expert should reflect the state of medical knowledge at the time of occurrence in the case. Experts should not denounce the performance that is within generally accepted practices or condone performance that is outside of those standards. Experts should be prepared and able to send transcripts from depositions or courtroom testimony to peers to be reviewed. They should not sign agreements that state that the costs for expert testimony are excessively high in comparison to the time and effort.

Parents of a child who has suffered a serious birth trauma may seek damages to cover the costs they'll have to pay for the care of their child and any expenses that have been paid for. An experienced attorney can determine whether negligence was the cause of the child's injury during birth and can secure compensation to ease the financial burden on the family.