Birth Injury Litigation

Birth injuries can lead to severe disabilities that could affect your child's quality of living. Medical treatments can be expensive and lengthy.

A good lawyer will file a lawsuit for birth injury, study the incident, collect evidence, and present an argument for negligence. They may assist you in settlement negotiations or in court if needed.

Settlements

In 90% of medical malpractice lawsuits, the defendant and plaintiff reach an agreement prior to the case is even tried. Both parties can avoid the costly and stressful court costs and receive compensation for the plaintiff. If the trial is not able to be concluded the jury will decide whether the defendants owe plaintiff compensation and how much amount they have to pay.

The first step toward receiving financial compensation for your child's birth injury is proving that the doctor you hired to deliver your baby had an professional relationship with you, and he violated this obligation during the birthing procedure. You can prove this using medical documents and hospital invoices. Your lawyer will also have to establish that the breach resulted in the injuries of your child.

Once you have this evidence the lawyer will then submit a demand form to the defendants' malpractice insurance carriers. The document contains a letter detailing the injuries suffered by your child, along with supporting documentation. The malpractice insurer will examine the request, and either accept or reject it. If the demand is rejected the lawyer will make a claim.

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

Trials

In some cases lawyers will attempt to reach a settlement to settle the issue without having to go to court. A settlement is an agreement that is formal and resolves the matter and also provides compensation to the plaintiff.

An attorney's team will collect evidence to prove that medical professionals didn't meet a high standard of care, causing an injury. Lawyers for defendants will also gather evidence of their own to counter claims. The attorneys will then meet with one other to negotiate an amount for settlement. If a settlement is not reached, then the case will go to court.

The trial process can last for months or even years to complete. Plaintiffs could feel pain, stress and risk as they relive the trauma of their child's birth. The winner may be awarded an award of a significant amount. A party that loses the appeal can appeal the decision.

A knowledgeable birth injury lawyer can make all the difference in your case. A lawyer can help you achieve the best possible outcome throughout the litigation process. From the drafting of demand letters to filing the lawsuits and discovery, settlement negotiations, trial, or appeals should they be required A legal professional can ensure the most favorable outcome. They can help you obtain the life-changing amount of compensation your family needs. A lawyer can also offer a network of expert witnesses to prove your claim. The legal team at Lipsitz Green will investigate your claim to determine how the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules that they must follow when conducting procedures. This includes the statute of limitations, which imposes a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed while evidence is still accessible and witnesses' memories remain fresh. Even if the lawsuit has a solid legal foundation it will be dismissed if it's filed after the statute of limitations has expired.

For birth injury victims the statute of limitation may be especially important. A successful claim could award compensation for future and current medical expenses, lost wages from missing work to care for the child, as well as emotional distress. In some cases, injury the jury or judge may also award punitive damage to punish defendants who have demonstrated extreme negligence.

A New York attorney who is experienced in birth injury claims should represent victims. They can conduct an investigation and gather evidence to make a case of negligence or negotiate a settlement or even go to court if necessary. In certain instances the defendant may attempt to dismiss a lawsuit by asserting that the time limit has expired. A lawyer will be able to determine quickly whether this is the case. If the situation involves a public hospital that is run by local government agencies, whether federal or state-based, separate and potentially much shorter time-limits could apply.

Expert Witnesses

In the event of a medical malpractice case experts are able to help jurors and judges comprehend the evidence and the facts in the case. They are also able to provide expert opinions or inferences that can help them make the right decision. They are allowed to do this because their experience and expertise is more specific and reliable than a layperson or someone who has no medical education.

Legal representatives can enlist an expert witness to examine medical records, provide an opinion and help the lawyer put together the case. The expert would 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 from the defendant's establishment or an outsider.

The testimony of an expert should reflect the current state of medical knowledge at the time of occurrence in the case. Experts should not denounce any practice that is not in line with the generally accepted standards of practice or condone performance that is outside of those standards. Experts should be prepared and able to submit transcripts of depositions or courtroom testimony to peers for review. They should not be a part of contracts that state that the costs for expert testimony are too expensive in comparison to the time and efforts involved.

Parents of a child who has suffered a severe birth trauma can seek damages to cover the cost they'll be liable to care for their child, as well as any previous expenses that may have been incurred. A lawyer who is steadfast can determine if negligence responsible for a child's birth injury and seek compensation to ease the family's financial burden.