Birth Injury Litigation

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

A good lawyer can make a birth injury lawsuit, investigate the incident and gather evidence, create the case for negligence, and also represent you in settlement negotiations or in court if necessary.

Settlements

In more than 90% of medical malpractice cases, the plaintiffs and birth injury lawyer defendants sign an agreement for settlement before going to trial. This allows both parties to avoid expensive and stressful court fees, and it gives the plaintiff a guarantee of compensation. If a trial is not feasible, a jury will decide whether the defendants are responsible to pay compensation and how much.

The first step to receive the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your baby had an official relationship with you and breached that duty during the birthing procedure. You can prove this using medical records and hospital invoices. Your lawyer will have to collect evidence that the breach led to your child's injuries.

Once you have this evidence Your lawyer will then send an offer to the defendants' malpractice companies. The document will include a letter detailing your child's injuries, together with the supporting documentation. The malpractice insurer will review the request and decide whether to accept or reject it. If the demand is rejected then your lawyer will make a claim.

In the event of the outcome of a successful lawsuit for birth injuries Your attorney might suggest placing a portion of your settlement or award in a special trust for children who require special. This will allow you to make future payments to your child to cover things such as physical therapy, medication, birth injury lawyer and home modifications.

Trials

In certain cases, lawyers will try for a settlement in order to resolve the matter without going to court. A settlement is an agreement that is formal and resolves the matter and also provides compensation to the plaintiff.

A team of attorneys will gather evidence to show that medical professionals did not provide the standards of care, causing injury. The lawyers representing the defendants will also gather their own evidence to refute the claims. The attorneys will meet to discuss the terms of a settlement. If a settlement isn't reached the case will go to trial.

The trial process can take months or years to be completed. It can be stressful, dangerous and painful for plaintiffs as they go through the trauma of their child's birth injuries. The winner could receive a substantial amount. A losing party may appeal the decision.

A birth injury lawyer who has experience can make all the difference in your case. A legal professional can ensure the best result at every stage of the litigation process, from writing the demand letter, to filing the lawsuit, discovery, settlement negotiations and trial or, should it be necessary, appeals. They can help you receive compensation that will change your life and the lives of your family members. A lawyer can also help you establish a experts to back your claim. The legal team of Lipsitz Green will investigate the incident to determine what went wrong and fight for fair settlement.

Statute of Limitations

Medical professionals have their own set of rules to follow when performing procedures. These include the statute of limitations, which sets a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed in the time evidence is available in physical form and the memories of witnesses are fresh. A lawsuit that is filed after the time limit has expired will be dismissed, even when it has a solid legal basis.

For victims of birth injuries the statute of limitation could be particularly crucial. A successful case can result in compensation for the victim's current and future medical expenses and lost wages resulting from working less to take care of their child, and emotional stress. In certain cases a judge or jury will also award punitive damages to punish defendants for committing a serious carelessness.

A New York attorney who is experienced in birth injury claims should represent the victims. They can conduct an investigation and gather evidence to establish a case of negligence, negotiate a settlement, or take the case to court if needed. In certain instances there is a possibility that a defendant will attempt to dismiss a lawsuit saying that the statute of limitations has run out. A lawyer will be able determine quickly whether this is the case. If the situation involves a public hospital that is run by local government, state or federal authorities, separate and potentially much shorter statute of limitation periods may be in effect.

Expert Witnesses

In an instance of medical malpractice, experts can help jurors and judges comprehend evidence and facts in the case. They are also able to provide expert or specialized opinions and inferences that can help them make the right decision. They are permitted to offer this advice because their knowledge and expertise is more detailed and trustworthy than the average person or one who has no medical education.

Legal representatives can hire an expert witness to examine medical records, provide testimony and assist the lawyer with the case. The expert would then be required to sign an affidavit and be present in court about their findings. An expert can be a hospital employee, health care professional from the defendant's institution or an outsider.

Expert testimony should reflect the current state of medical knowledge at the time of the incident. Experts should not denounce performance that falls within the generally accepted standards of practice or accept any performance that is not in the scope of the standards. Experts should be prepared and able to submit transcripts from depositions or courtroom testimony to peers for review. They should not be a part of contracts where the fees for expert testimony are too expensive compared to the time and efforts involved.

Parents who have a child with a severe birth injury may be able to seek damages for the future care that the child will require as well as past costs they've already paid to provide care for the child. A reliable lawyer can determine if negligence was the cause of the child's birth injury and obtain compensation that will help ease the financial burden of families.