Birth Injury Litigation

Birth injuries can cause serious disabilities and can affect the quality of life for your child. The medical treatments they require can be costly and long.

A good lawyer can file your birth injury lawsuit as well as investigate the incident, gather evidence, present the case for negligence, and assist you in settlement negotiations or in court if necessary.

Settlements

In 90% of medical malpractice cases, the plaintiff and defendant agree to an agreement prior to the case is even tried. This helps both parties avoid expensive and stressful court costs, and provides the plaintiff with a guarantee of a fair settlement. If a trial is not feasible, a jury will decide whether the defendants are accountable to pay compensation and what amount.

The first step to receiving financial compensation for a birth injury law firms injury for your child is to establish that the doctor who gave birth injury law firm to your baby had a professional relationship with you and that he breached this duty during the birthing procedure. You can do this by using medical documents and hospital invoices. Your lawyer will also need to gather evidence that the breach led to the injuries to your child.

If you have the evidence Your lawyer will then send an order package to defendants' malpractice companies. This document includes a letter detailing the injuries suffered by your child, along with supporting documentation. The malpractice insurance company will look over the request and decide whether to take it up or reject it. If the demand is rejected by your lawyer, they will bring a lawsuit.

If you are the victim of a successful birth injury lawsuit, your attorney may recommend placing some of the settlement or award in a special trust for children with disabilities. This will permit your child to access funds in the future to fund things like medicine or physical therapy as well as home modifications.

Trials

In some instances, attorneys will try to reach an agreement to resolve the issue before taking it to court. A settlement is an agreement that is formal and resolves the case and offers compensation to the plaintiff.

A lawyer's team will collect evidence to prove that medical professionals did not adhere to a high standard of care, causing an injury. Lawyers representing the defendants will collect evidence on their own to counter allegations. The attorneys will meet to negotiate a settlement. If a settlement can't be reached the case will be sent to trial.

The trial process can take months or even years to complete. Plaintiffs might feel pain, stress and danger as they revisit the trauma of their child's birth. The winner may be awarded a substantial amount. But, a party that loses can file an appeal of the decision.

A birth injury lawyer who has experience can make a big difference in your case. A legal professional can help you get the best result at every step of the litigation process, from drafting the demand letter to filing the lawsuit as well as settlement negotiations, discovery and trial, or should it be necessary, appeals. They can help you get the life-changing amount of compensation your family requirements. A lawyer can also offer an expert witness network to support 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 that must be adhered to when performing procedures. This includes the statute of limitations which has a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed as long as evidence is still available and witnesses' memories are still fresh. A lawsuit filed after the statute of limitations has expired will be dismissed even in the event that it has a solid legal basis.

For birth injury victims, the statute of limitations could be particularly crucial. A successful case could result in compensation for current and future medical costs as well as lost wages due to missing work to take care of the child, and emotional stress. In some cases, the judge or jury may also award punitive damages to punish defendants who have shown the most reckless of negligence.

Victims of birth injuries should have an New York attorney familiar with these types of claims. They can investigate the accident and gather evidence, make an argument for negligence and settle the case or go to trial if necessary. In some instances the defendant could try to dismiss a suit claiming that the statute of limitations has run out. A lawyer will be able determine quickly whether this is the case. If the matter involves a hospital that is public that is managed by local government agencies, whether federal or state-based in a different and possibly shorter statute of limitations could be in effect.

Expert Witnesses

In a medical malpractice case, experts are able to help jurors and judges understand evidence and facts in the case. They may also provide expert opinions or inferences to assist them in making a decision. They are permitted to make this claim because their knowledge and expertise is more thorough and reputable than a layperson or someone who has no medical training.

A legal representative can retain 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 testify in court about their findings. An expert can be an employee of a hospital or health care provider at the defendant's facility or an outsider.

An expert's testimony should reflect the current state of medical knowledge at the time of incident. The expert should not denounce or condone the performance of a physician within generally accepted standards of practice. Experts should be prepared and able to submit transcripts of depositions or courtroom testimony to their peers to be reviewed. They should not sign any contracts that state that the costs for expert testimony are too high in comparison to the time and effort.

Parents of a child who has suffered a serious birth trauma can seek damages to pay for the future expenses they'll have to pay to care for their child and any past expenses that were caused. A steadfast attorney can determine if negligence was the cause of the child's injury at birth and secure compensation that can ease the financial burden on the family.