Birth Injury Litigation

Birth injuries can cause serious disabilities and affect the quality of life of your child. The medical treatments they require can be costly and take a long time.

A competent lawyer will start a lawsuit for birth injuries and investigate the incident to collect evidence, make an argument for negligence and assist you in settlement negotiations or in court if necessary.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants come to an agreement to settle the case before going to trial. This helps both parties avoid the burdensome and costly court costs, and provides the plaintiff with a guarantee of compensation. If a trial isn't feasible, a jury will decide whether the defendants have a duty to compensate the plaintiff and how much.

The first step toward receiving financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your baby had a a professional relationship with you and violated the duty of care during the birthing procedure. You can do this by using medical records and hospital invoices. Your lawyer will need to gather proof that the breach led to the injury to your child.

Once you have the evidence, your attorney will send a set of demands to the malpractice insurance companies of the defendants. This document contains a thorough letter that describes the injuries your child sustained along with any supporting documents. The malpractice insurer will look over the request and decide whether to accept or reject it. If the demand is rejected, birth injuries your lawyer will file a lawsuit.

Your attorney may recommend that, in the event of a successful lawsuit to remedy birth injury, a part of the settlement or award is put into a special-needs fund. This will allow you to give future funds to your child to cover things like physical therapy, medication, and home modifications.

Trials

In certain cases lawyers will try for a settlement in order to settle the issue without having to go to court. A settlement offers financial compensation to a plaintiff and ends in an official agreement that resolves the matter.

A lawyer's team will collect evidence to show that medical professionals didn't meet a certain standard of care and triggered an injury. Lawyers for the defendants will also gather evidence to counter the claims. The attorneys will then meet with one other to discuss a settlement amount. If a settlement isn't reached, the case will go to trial.

The trial process could last for months or even years to take to. It can be stressful, risky, and painful for plaintiffs as they relive the trauma of their child's birth trauma. The winner could receive a substantial amount. A party that loses the appeal can appeal the decision.

A knowledgeable birth injury lawyer can make a huge difference in your case. A lawyer can assist you to get the best possible result throughout the litigation process. From the drafting of demand letters to filing lawsuits or discovery, settlement negotiations, trial, or appeals should they be required, a legal professional will ensure the best possible outcome. They can help you get compensation that will change your life as well as the lives of your family members. A lawyer can provide you with a experts to help support your claim. The legal team at Lipsitz Green will investigate your case to determine the reason for the injury occurred and fight for birth injuries fair compensation.

Statute of Limitations

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

The statute of limitations can be important for victims of birth injuries. A successful lawsuit can offer compensation for the victim's present and future medical expenses or lost wages as a result of missing work to take care of their child, and emotional stress. In certain cases a judge or jury may also award punitive damages to punish defendants for committing a serious negligence.

Birth injuries victims should have an New York attorney familiar with these kinds of claims. They can investigate the incident and gather evidence, make an argument for negligence and seek a settlement or go to trial if needed. In certain instances there is a possibility for a defendant to dismiss a suit claiming that the statute of limitations is over. A lawyer can quickly determine when this is the case. If the situation involves public hospitals which are managed by the state, local or federal authorities the possibility of a separate, and shorter time limit may apply.

Expert Witnesses

Expert witnesses can help juries and judges to understand the evidence and the facts of the medical malpractice case. They can also offer expert or specialized opinions to help jurors to make a decision. They are permitted to do so because their expertise is more reliable and thorough than those of a layperson or someone without medical training.

Legal representatives can enlist an expert witness who will review medical records, give testimony and assist the lawyer to put together the case. The expert will then sign an affidavit and be present in court regarding their findings. An expert could be an employee of a hospital or health care provider at the institution of the defendant, or an outsider.

The expert's report must reflect the current state of medical knowledge in the case at the time. The expert should not criticize the performance that is within generally accepted practices or support performance that is outside of the standards. Experts should be able to provide deposition transcripts as well as courtroom testimony for peer review. They should not be a part of contracts where the fees for expert testimony are excessively high compared to their time and effort.

Parents who have a child who suffers a serious birth injury law firms injury can claim damages for the future medical care the child will require, in addition to any past expenses that they have already paid to provide care for the child. A lawyer who is unwavering will determine if negligence was at play in the birth injury and seek compensation to ease a family's financial burden.