Birth Injury Litigation

Birth injuries can cause severe disabilities and impact the quality of life of your child. Medical treatments can be expensive and lengthy.

A reputable lawyer can make a birth injury lawsuit as well as investigate the incident, gather evidence, present a case for negligence and assist you in settlement negotiations or in court in the event of a trial.

Settlements

In more than 90% of medical malpractice cases, the plaintiffs and defendants reach an agreement on settlement prior to the case going to trial. This helps both parties save money and stress-inducing court costs, and gives the plaintiff a promise of a fair settlement. If a trial cannot be reached the jury will decide whether the defendants owe plaintiff compensation and how much money they should pay.

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 was in an established professional relationship with you, and he violated that obligation during the birthing procedure. You can prove this by using medical documents and hospital invoices. Your lawyer will also have to gather evidence that the breach caused the injuries of your child.

If you have evidence, your attorney will then submit a list of demands to the malpractice insurance carriers of the defendants. This document includes a written statement detailing the injury suffered by your child as well as supporting documentation. The malpractice insurance company will review the demand, and decide whether or not to accept it. If the demand is rejected your lawyer will file suit.

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

Trials

In some cases, lawyers will attempt to reach an agreement to settle the issue before going to court. A settlement is an agreement formalized that resolves the matter and also provides compensation to the plaintiff.

A team of lawyers will collect evidence to prove that medical professionals did not provide the highest standards of care, causing injury. Lawyers for the defendants also collect evidence to counter the claims. The attorneys will then sit down with each other to negotiate the amount of settlement. If a settlement isn't reached the case will go to trial.

The trial process can take months or even years to complete. It can be stressful, risky, and painful for plaintiffs, as they experience the trauma of their child's birth injury lawyers trauma. The winning side could receive a large settlement. However, a losing party may appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can assist you to get the best possible result throughout the litigation process. From the writing of the demand letters to filing lawsuits or discovery, settlement negotiations, trial, or appeals If necessary an attorney can ensure the most favorable outcome. They can help you get compensation that will alter your life, and the lives of your family members. A lawyer can also offer an expert witness network to back your claim. The legal team at Lipsitz Green will investigate your case to determine the reason for the injury occurred and fight for fair compensation.

Statute of Limitations

The medical profession has its own set of rules to be adhered to during procedures. This includes the statute of limitations which establishes a deadline for filing lawsuits. This limitation is designed to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories are still fresh. Even if the lawsuit has a solid legal basis, it will be dismissed if filed after the statute has expired.

For victims of birth injuries the statute of limitations may be especially important. A successful claim could result in compensation for the victim's current and future medical expenses or lost wages as a result of being away from work to take care of their child, and emotional anxiety. In certain instances, the judge or jury may also award punitive damages to punish defendants for an extreme lack of care.

The victims of birth injuries should have an New York attorney familiar with these types of claims. They can investigate the accident and collect evidence, build an argument for negligence, and reach a settlement or go to trial if needed. In some instances the defendant might try to dismiss a lawsuit by claiming that the statute of limitations is over. A lawyer will be able determine quickly whether this is the case. If the matter involves a hospital that is public, which are operated by local or federal government there could be separate and shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and facts of a medical malpractice case. They may also provide expert opinions or inferences to help them make a decision. They are permitted to offer their opinions because their knowledge is more reliable and thorough than that of a layperson or someone who is not trained in medical sciences.

A lawyer can engage an expert witness to look over medical records, give a testimony, and aid the lawyer in putting together the case. The expert witness would then sign an affidavit, and testify in court regarding their findings. An expert could be an internal employee of the defendant's hospital or health care system, or someone outside that institution.

The testimony of an expert should reflect the state of medical knowledge at the time of the incident in the case. Experts should not criticize or condone the performance of a physician within generally accepted guidelines of practice. Experts should be prepared and able to submit transcripts of depositions and courtroom testimony to their peers to be reviewed. They should not sign any contracts that state that the costs for expert testimony are too expensive compared to the time and effort.

Parents who have a child suffering from a severe birth injury may be able to seek compensation for the future medical care the child will require, as well as past costs they've already paid to provide care for the child. A steadfast lawyer can determine if negligence was the cause of the child's injuries at birth and secure compensation that can ease the financial burden on families.