Birth Injury Litigation

Birth injuries can cause serious disabilities that can affect your child's quality of living. Medical treatments can be costly and lengthy.

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

Settlements

In a majority of medical malpractice lawsuits the defendant and plaintiff reach a settlement prior to the case is tried. Both parties can avoid the costly and stressful court costs and receive compensation for the plaintiff. If a trial cannot be reached, a jury will determine whether the defendants owe the plaintiff any compensation and the amount of they must pay.

The first step towards receiving financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your baby had a an professional relationship with you and violated this obligation during the birthing process. This can be accomplished using medical documents and hospital bills. Your lawyer will also need to establish that the breach caused your child's injuries.

Once you have the evidence, your lawyer will submit a package of demands to the malpractice insurance carriers of the defendants. This document includes a written statement detailing the injuries suffered by your child, along with supporting documentation. The malpractice insurance company will look over the request and decide whether to decide whether or not to accept it. If the demand is rejected, your lawyer will bring a lawsuit.

If you are the victim of an outcome in a birth injury lawsuit the attorney you consult with may recommend placing the proceeds of your settlement or award into a special trust for children who require special. This will allow your child to use the funds to fund things like medicine physical therapy, home modifications.

Trials

In certain instances lawyers will attempt for a settlement in order to settle the issue without going to court. A settlement is an agreement that is formal and resolves the case and offers compensation to the plaintiff.

A team of lawyers will gather evidence to demonstrate that medical professionals failed to meet a high level of care and caused injury. Lawyers for defendants will also gather their own evidence to disprove 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 take months or years to be completed. It can be a stressful, risky and painful for plaintiffs as they relive the trauma of their child's birth trauma. The winning party could win an award of a significant amount. A losing party may appeal the decision.

A skilled lawyer for birth injuries can make a huge difference in your case. A lawyer can help you obtain the best outcome throughout the litigation process. From the drafting of demand letters, to filing the lawsuits and discovery, settlement negotiations, trial, or appeals when necessary an attorney will ensure the best possible outcome. They can help you obtain life-changing compensation for your family's requirements. A lawyer can also help you establish a experts 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

Medical professionals have their own set of rules to adhere to in their procedures. This includes the statute of limitation, which sets a deadline for filing lawsuits. This limit is set to ensure that claims are filed while evidence in the physical remains and witnesses' memories are fresh. Even if the suit has a solid legal basis it can be dismissed if it is filed after the statute has expired.

For victims of birth injuries, the statute of limitations is particularly important. A successful lawsuit could provide compensation for current and future medical expenses and lost wages resulting from the absence of work to care for the child, and emotional stress. In certain instances, the juror or judge could also award punitive damage to punish defendants who have shown the most reckless of negligence.

A New York attorney who is familiar with birth injury claims should represent the victims. They can conduct an investigation and gather evidence to establish a case of negligence or negotiate a settlement or take the case to court if needed. In certain cases the defendant might try to dismiss a lawsuit claiming that the statute of limitation has run out. A lawyer will be able to swiftly determine whether this is the situation. If the matter involves a hospital that is public, which are operated by local government, state or federal authorities there could be separate and shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and the facts of the medical malpractice case. They can also offer expert or specialized opinions and inferences to assist them in making an informed decision. They are permitted to offer this advice because their knowledge and expertise is more detailed and reliable than a layperson or someone with no medical background.

A lawyer can engage an expert witness to review medical records, give an account and assist the lawyer put together the case. The expert will sign an affidavit and then be able to testify in court. An expert can be a hospital employee or health care provider from the defendant's establishment or an outsider.

An expert's testimony should reflect the current state of medical knowledge at the time of the event in the case. The expert should not criticize actions that fall within generally accepted practice standards, nor should they support performance that is outside of those standards. Experts should be able to provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not enter into agreements in which the costs for their expert testimony are disproportionately expensive in comparison to the time and effort involved.

Parents of children with a severe birth injury may be able to claim damages for the future medical care their child will require and also for past expenses they have already paid to care for the child. A steadfast attorney can determine whether negligence caused the child's injury during birth injury lawsuits and secure compensation that can help ease the financial burden of families.