Birth Injury Litigation

Birth injuries can lead to severe disabilities that can negatively impact your child's quality of life. The medical treatment they require can be costly and take a long time.

A competent lawyer will file your birth injury lawsuit as well as investigate the incident, gather evidence, build an argument for negligence and represent you in settlement negotiations or in court if needed.

Settlements

In more than 90 percent of medical malpractice cases, the plaintiffs and defendants agree to an agreement to settle the case prior to the case going to trial. This lets both parties avoid expensive and stressful court costs, and provides the plaintiff with a guarantee of a fair settlement. In the event that a trial cannot be reached the jury will decide whether the defendants owe the plaintiff compensation and how much they must pay.

The first step in obtaining financial compensation for birth injury attorneys injuries for your child is to establish that the doctor who gave birth to your baby had a professional relationship with you, and that he breached this duty during the birthing process. You can prove this using medical records and hospital invoices. Your lawyer will also have to collect evidence that proves the breach caused your child's injuries.

Once you have the evidence, your attorney will send a set of demands to the malpractice insurance carriers of the defendants. This document contains a thorough letter that describes the injuries your child sustained and the supporting documents. The malpractice insurer will examine the request, and then either take it or leave it. If the demand is rejected, your lawyer will make a claim.

If you are the victim of a successful birth injury lawsuit your lawyer may suggest placing some of the settlement or award in a special needs trust. This will permit you to provide future funds to your child for things like physical therapy, medicine and home modifications.

Trials

In some cases, lawyers will try to find a solution to the issue before taking it to court. Settlements provide an amount of money to the plaintiff and results in an official agreement that resolves the case.

A lawyer's team will collect evidence to prove that medical professionals did not adhere to a high standard of care and caused injury. Lawyers representing defendants will gather their own evidence to counter claims. The attorneys will then meet with one other to negotiate an amount for settlement. If a settlement isn't reached, the case will go to the court.

The trial process can take months or years to be completed. Plaintiffs might feel pain, stress and even risk when they recall their child's birth injury trauma. The winning party could be awarded a large verdict. The losing party can appeal the decision.

A skilled birth injury lawyer can make a huge difference in your case. Legal professionals can guarantee the best result at every step of the litigation process, from writing the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, and if needed, appeals. They can help you receive compensation that will transform your life as well as the lives of your family members. A lawyer can provide you with 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 they must adhere to when conducting procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed as long as evidence in the physical remains and witnesses' memories are fresh. Even if the lawsuit is based on a solid legal foundation, it can be dismissed if it is filed after the statute has expired.

The time limit for filing a claim can be crucial for those suffering from birth injuries. A successful case can result in compensation for the victim's current and future medical expenses as well as lost wages due to having to work in order to care for their child, as well as emotional distress. In certain cases, the judge or jury could also award punitive damage to punish defendants who have shown extreme negligence.

Birth injuries victims should have a New York attorney familiar with these types of claims. They can conduct investigations and gather evidence to make a case of negligence or negotiate a settlement or even go to court if needed. In certain instances the defendant could try to dismiss a lawsuit claiming that the statute of limitations has expired. A lawyer should be able to quickly determine whether this is the situation. If the matter involves public hospitals which are operated by local, state or federal government in addition, a separate and shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can help juries and judges to understand the evidence and the facts of the medical malpractice case. They are also able to provide expert opinions or conclusions to help them make an informed decision. They can do this because their experience and expertise is more detailed and reliable than that of the average person or one who is not a medical professional.

Legal representatives can hire an expert witness to look over medical records, provide a testimony, and aid the lawyer in putting together the case. The expert will sign an affidavit, and then give evidence in court. An expert could be an employee of the defendant's hospital or health care system, or an individual outside that institution.

The expert's testimony must reflect the current state of medical knowledge at the time. Experts should not rebuke the performance that is within generally accepted practice standards, nor should they allow for performance that is in violation of the standards. Experts should submit transcripts of depositions and courtroom testimony for peer review. They should not be a part of contracts where the fees for expert testimony are excessively expensive in comparison to the time and efforts involved.

Parents of children who has suffered a serious birth injury may seek damages for the future medical care their child will require and also for past expenses they have already incurred for the care of the child. A lawyer who stands by his word can determine if negligence was responsible for a child's birth injury law firms injury and secure compensation to ease the family's financial burden.