Birth Injury Litigation

Birth injuries can lead to severe disabilities that can negatively impact the quality of life of your child. Medical treatments can be expensive and can take a long time.

A competent lawyer will file your birth injury lawsuit to investigate the incident, gather evidence, build a case for negligence and assist you in settlement negotiations or at trial should it be necessary.

Settlements

In a majority of medical malpractice lawsuits, the defendant and plaintiff reach a settlement before the case is heard. This helps both parties avoid expensive and stressful court costs, and also gives the plaintiff a promise of compensation. If a trial is not possible, a jury can decide whether the defendants are responsible to pay compensation and in what amount.

The first step to receive financial compensation for your child's birth injury is proving that the doctor you hired to deliver your child had a a professional relationship with you and violated the duty of care during the birthing procedure. This can be accomplished using medical documents and hospital bills. Your lawyer must prove that the breach caused the injuries to your child.

If you have evidence, your lawyer will submit a package of demands to the malpractice insurance carriers of the defendants. The document contains a letter detailing the injuries suffered by your child, together with the supporting documentation. The malpractice insurer will review the demand, and take it or leave it. If the demand is rejected, your lawyer will bring a lawsuit.

Your lawyer may suggest that, in the event of a successful lawsuit involving birth injury lawyer injuries, a percentage of the settlement or award be placed into a special needs fund. This will allow you to provide future funds to your child to cover things such as physical therapy, medicine and home modifications.

Trials

In some instances lawyers will try to reach a deal to resolve the matter without having to go to court. A settlement is an agreement that is formal and resolves a dispute and pays compensation to the plaintiff.

An attorney's team will collect evidence to show that medical professionals didn't meet a high standard of care and triggered an injury. Lawyers for defendants also collect evidence on their own to prove the allegations. The attorneys will then meet one the other to negotiate an amount for settlement. If a settlement isn't reached, then the case will be taken to the court.

The trial process can take months or years to complete. Plaintiffs can feel pain, stress and danger as they revisit their child's birth injury trauma. The winning party could win a large award. The losing side may appeal the decision.

A birth injury lawyer with years of experience can make all the difference in your case. A legal professional can ensure the best outcome through every stage of the litigation process, from writing the demand letter, to filing the lawsuit as well as settlement negotiations, discovery and trial, if needed, appeals. They can help you receive compensation that will transform your life, and the lives of your family. A lawyer can also provide a network of expert witnesses to back your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules to adhere to during procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed when evidence is still accessible and witnesses' memories are fresh. A lawsuit that is filed after the deadline for Birth Injury Lawyer filing a lawsuit has passed is dismissed even if it has a strong legal basis.

For birth injury victims, the statute of limitations can be crucially important. A successful case could result in compensation for current and future medical costs and lost wages resulting from the absence of work to take care of the child, and emotional anxiety. In certain instances, the juror or judge could also award punitive damages to punish defendants who have demonstrated an extreme lack of care.

Victims of birth injuries must have a New York attorney familiar with these kinds of claims. They can investigate the incident, gather evidence, create an argument for negligence and negotiate a settlement or go to trial if necessary. In certain instances an accused party may try to dismiss a suit by saying that the time limit has expired. A lawyer is able to determine whether this is the case. If the case involves public hospitals, that are run by local, state, or federal government the possibility of a separate, and much shorter statute of limitations may apply.

Expert Witnesses

In the event of a medical malpractice case expert witnesses help jurors and judges comprehend evidence and facts in the case. They also offer professional or specific opinions to help the jury make a decision. They can do this because their experience and expertise is more detailed and reputable than the average person or one who has no medical training.

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

An expert's testimony should reflect the current state of medical knowledge at the time of event in the case. Experts should not denounce any practice that is not in line with generally accepted practice standards, nor should they accept any performance that is not in the scope of the standards. Experts should be prepared and able to provide transcripts of depositions and courtroom testimony to peers to be reviewed. They should not enter into contracts where the fees for their expert testimony are excessively high relative to their time and effort involved.

Parents of a child who has suffered a serious birth trauma may seek damages to cover the future costs they'll incur for the care of their child and any past expenses that have been that they have incurred. A reliable lawyer can determine if negligence was the cause of the child's birth injury and seek compensation to alleviate the financial burden of the family.