Birth Injury Litigation

Birth injuries can result in serious disabilities that can impact your child's quality of life. The medical treatments they require could be expensive and lengthy.

A good lawyer can file your birth injury lawsuit as well as investigate the incident, gather evidence, present a case for negligence and represent you during settlement negotiations or at trial in the event of a trial.

Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants reach an agreement to settle the case before the case goes to trial. This lets both parties avoid costly and stressful court costs, and gives the plaintiff a promise of a fair settlement. In the event that there is no trial the jury will decide whether the defendants owe plaintiff any compensation and the amount of amount they have to pay.

The first step towards receiving the financial compensation you deserve for your child's birth injury law firm injury is to prove that the doctor you hired to deliver your baby had a professional relationship with you, and he violated that duty during the birthing process. This can be accomplished with medical documents and hospital bills. Your lawyer will have to prove that the breach was responsible for the injury to your child.

If you have evidence, your lawyer will then submit a list of demands to the malpractice insurers of the defendants. This document includes a written statement detailing your child's injuries, and any supporting evidence. The malpractice carrier will then go through the request and either accept or deny it. If the demand is rejected the lawyer will file a lawsuit.

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

Trials

In certain instances lawyers will attempt for a settlement in order to settle the issue without having to go to court. A settlement offers an amount of money to the plaintiff and leads to an official agreement that resolves the matter.

An attorney's team will seek evidence to show that medical experts didn't adhere to a strict standard of care and caused an injury. Lawyers representing the defendants will also gather evidence to prove the allegations. The attorneys will meet to negotiate the terms of a settlement. If no settlement can be reached, the case will go to trial.

The trial process could take months or years to complete. Plaintiffs could suffer from pain, stress and anxiety as they try to relive the trauma of their child's birth. The winning party could win an award of a significant amount. However, a losing party can appeal the decision.

A skilled lawyer for birth injuries can make all the difference in your case. A lawyer can help you get the best possible outcome throughout the litigation process. From the drafting of demand letters to filing lawsuits or discovery, settlement negotiations, trial, or appeals If necessary an attorney will ensure you get the best outcome. They can assist you in obtaining the life-changing amount of compensation your family requirements. A lawyer can help you establish a 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

The medical profession has its own set of rules that must be adhered to during procedures. This includes the statute of limitations which specifies a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed while evidence is still available and witnesses' memories are still fresh. A lawsuit filed after the time limit has expired is dismissed even when it has a solid legal basis.

For birth injury victims the statute of limitation may be especially important. A successful lawsuit could provide compensation for future and current medical expenses and lost wages resulting from the absence of work to take care of the child, as well as emotional stress. In certain cases, a jury or judge will also award punitive damages to punish defendants for committing a serious carelessness.

A New York attorney who is well-versed in birth injury claims is required to represent the victims. They can investigate and gather evidence to prove a case of negligence, negotiate a settlement, or even go to court if required. In some cases an accused party may try to dismiss a lawsuit by asserting that the statute of limitations has run out. A lawyer will be able to determine quickly when this is the case. If the situation involves public hospitals that are run by the state, local or federal government in addition, a separate and much shorter statute of limitations could apply.

Expert Witnesses

In a medical malpractice case, experts are able to help jurors and judges to understand the evidence and the facts of the case. They also offer professional or expert opinions that help the jury decide. They are able to do this because their experience and expertise is more thorough and reliable than that of an average person or someone who is not a medical professional.

A legal representative can retain an expert witness who will review medical records, give an account and assist the lawyer put together the case. The expert would then sign an affidavit and be present in court about their findings. An expert can be a hospital employee or health care provider at the institution of the defendant or an outsider.

The expert's testimony should reflect the current medical knowledge at the time. The expert should not criticize actions that fall within generally accepted practices or support performance that is outside of the standards. Experts should be prepared and able submit transcripts from depositions or courtroom testimony to their peers to be reviewed. They should not enter into contracts in which the fees for their expert testimony are inordinately expensive in comparison to the time and effort.

Parents who have a child who suffers a serious birth injury may seek compensation for the future care that the child will require, in addition to any past expenses they have already incurred to provide care for the child. A steadfast attorney can determine whether negligence was involved in the child's injuries at birth and can secure compensation to reduce the financial burden for families.