Birth Injury Litigation

Birth injuries can cause severe disabilities that can negatively impact your child's quality of life. The medical treatment they require can be costly and time-consuming.

A competent lawyer can start a lawsuit for birth injuries and investigate the incident to collect evidence, make an argument for negligence and represent you in settlement negotiations or at trial if needed.

Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants reach an agreement on settlement prior to going to trial. Both parties are able to avoid the expensive and stressful court fees and receive compensation for the plaintiff. If a trial is not feasible, a jury determines whether the defendants are liable to compensate the plaintiff and how much.

The first step towards receiving the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your baby was in an official relationship with you and violated this obligation during the birthing process. You can do this by using medical records and hospital invoices. Your lawyer will need to prove that the breach caused the injury to your child.

Once you have this evidence the lawyer will then submit an order package to defendants' malpractice carriers. The document contains a letter detailing the child's injuries as well as supporting documentation. The malpractice insurer will examine the request and decide whether to accept or reject it. If the demand is rejected, your lawyer will file a lawsuit.

In the event of the outcome of a successful lawsuit for birth injuries, your attorney may recommend placing the proceeds of your settlement or award in a special trust for children who require special. This will permit your child to use the funds for things like medicines, physical therapy and home modifications.

Trials

In some cases lawyers will try to negotiate a settlement to settle the issue without going to court. A settlement provides an amount of money to the plaintiff and ends in an official agreement that ends the case.

A team of lawyers will collect evidence to prove that medical professionals did not provide a high level of care, causing injury. Lawyers for the defendants also gather their own evidence to disprove the claims. The attorneys will then meet with each other to discuss a settlement amount. If a settlement cannot be reached then the case will go to trial.

The trial process could take months, or years to be completed. Plaintiffs could experience stress, pain and risk as they relive the trauma of their child's birth injury lawsuit. The winning side may be awarded a substantial verdict. A party that loses the appeal can appeal the decision.

A skilled lawyer for birth injuries can make a huge difference in your case. Legal professionals can guarantee the best outcome 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 get compensation that can change your life and that of your family. A lawyer can also offer an expert witness network to support your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for fair amount of compensation.

Statute of Limitations

Medical professionals have their own set of rules that they must follow when performing procedures. This includes the statute of limitations that imposes a deadline for filing lawsuits. This limitation is designed to ensure that claims can be filed when evidence is still available and witnesses' memories are fresh. Even if the lawsuit has a solid legal basis it will be dismissed if it's filed after the statute has expired.

The statute of limitations can be crucial for Birth Injury Litigation birth injuries. A successful claim may provide compensation for future and current medical costs and lost wages resulting from the absence of work in order to care for the child, as well as emotional stress. In certain circumstances, a jury or judge may also award punitive damage to punish defendants who have shown excessive negligence.

Victims of birth injury attorney injuries must have a New York attorney familiar with these kinds of claims. They can investigate and gather evidence to make a case of negligence or negotiate a settlement or go to court when required. In some instances the defendant may attempt to dismiss a suit by arguing that the statute of limitations has expired. A lawyer can determine quickly if this is the situation. If the situation involves public hospitals that are run by local, state, or federal authorities there is a separate and shorter statute of limitations may apply.

Expert Witnesses

In an instance of medical malpractice, expert witnesses can assist jurors and judges understand evidence and facts in the case. They can also provide expert opinions or inferences to assist them in making a decision. They are allowed to offer this advice because their knowledge and expertise is more precise and trustworthy than a layperson or someone who has no medical education.

A lawyer can engage an expert witness to review medical records, offer a testimony, and assist the lawyer in preparing the case. The expert will sign an affidavit and then testify in the court. An expert could be an internal employee of the defendant's hospital or health care system, or a person outside that institution.

Expert testimony should reflect the state of medical knowledge at the time of the incident. The expert should not condemn actions that fall within generally accepted practice standards, nor should they allow for performance that is in violation of those standards. Experts should be prepared and able to send transcripts of depositions and courtroom testimony to peers to be reviewed. They should not sign any contracts where the fees for expert testimony are too expensive compared to the time and effort.

Parents of a child that has suffered a serious birth injury law trauma can seek damages to cover the costs they will incur to care for their child, as well as any previous expenses that have been caused. A lawyer who is unwavering will determine if negligence responsible for a child's birth injury and obtain compensation to ease the family's financial burden.