Birth Injury Litigation

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

A good lawyer can bring a birth injury lawsuit, investigate the incident and gather evidence, present the case for negligence, and represent you during settlement negotiations or at trial in the event of a trial.

Settlements

In 90% of medical malpractice lawsuits the plaintiff and defendant agree to a settlement prior to the case is even tried. This lets both parties avoid expensive and stressful court costs, and also gives the plaintiff a guarantee of compensation. If a trial is not feasible, a jury determines whether the defendants are accountable to compensate the plaintiff and how much.

The first step in obtaining financial compensation for birth injuries in your child is to prove the doctor who delivered your baby had an established professional relationship with you and that he did not fulfill this obligation during the birthing process. This can be accomplished with medical records and hospital bills. Your lawyer will also have to establish that the breach was responsible for your child's injuries.

Once you have this evidence, your lawyer will submit a demand package to the defendants' malpractice insurance carriers. The document will include a detailed letter describing your child's injuries along with supporting documents. The malpractice carrier will then review the demand and either accept or reject it. If the demand is rejected, your lawyer will start a lawsuit.

In the event of the outcome of a successful lawsuit for birth injuries your lawyer may suggest placing part of your settlement or award into a special trust for children with disabilities. This will enable your child to use the funds to fund things like medicine and physical therapy as well as home modifications.

Trials

In some cases, lawyers will try for a settlement in order to settle the issue without a court appearance. A settlement provides an amount of money to the plaintiff and leads to an official agreement that settles the matter.

A lawyer's team will collect evidence to prove medical professionals didn't meet a certain standard of care and caused an injury. Lawyers for the defendants will also gather evidence to disprove the claims. The attorneys will meet to negotiate the terms of a settlement. If a settlement is not reached, then the case will go to the court.

The trial process can take a long time to complete. It can be stressful, risky, and painful for plaintiffs who have to relive the trauma of their child's birth injuries. The winning side may receive a large settlement. The losing side can appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can guarantee the best possible outcome through each step of the litigation process, from drafting the demand letter, to filing the lawsuit or discovery, negotiation of settlement and trial, or in the event of an appeal, if necessary. They can help you obtain compensation that will alter your life and that of your family members. A lawyer can also provide a network of expert witnesses to support your claim. The legal team of Lipsitz Green will investigate the case to determine the cause and fight for a reasonable amount of compensation.

Statute of limitations

The medical profession has its own set of rules to be adhered to during procedures. These include 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 remain fresh. A lawsuit that is filed after the time limit has expired is dismissed even the case has a solid legal basis.

The time limit for filing a claim can be crucial for those suffering from birth injuries. A successful claim could result in compensation for the victim's present and future medical expenses and lost wages resulting from being away from work to take care of their child, and emotional stress. In certain circumstances, a judge or jury could also award punitive damage to punish defendants for extreme negligence.

Victims of birth injuries must have an New York attorney familiar with these kinds of claims. They can investigate and gather evidence to support a claim of negligence, negotiate a settlement, or take the case to court if needed. In some instances the defendant may attempt to dismiss a lawsuit by saying that the statute of limitations has run out. A lawyer will be able to swiftly determine if this is the case. If the case involves public hospitals which are operated by local, state, or federal governments the possibility of a separate, and shorter time limit could be in place.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and the facts of the medical malpractice case. They may also offer expert or specialized opinions that help the jury to make a decision. They are able to do this because their knowledge is more reliable and detailed than the knowledge of a layperson or someone who has no medical education.

A lawyer may hire an expert witness to review medical records, provide testimony, and aid the lawyer in preparing the case. The expert will then sign an affidavit, and testify in court regarding their findings. An expert can be a hospital employee or health care provider from the defendant's establishment, or an outsider.

The expert's report must reflect the current medical knowledge available at the time. The expert should not condemn the performance that is within generally accepted practices or allow for performance that is in violation of those standards. Experts should be willing and able to provide transcripts of depositions or courtroom testimony to peers to be reviewed. They should not enter into contracts where the fees for their expert testimony are disproportionately high in relation to their time and effort.

Parents of a child who has suffered a severe birth injury lawyers trauma can seek damages to cover the future costs they'll have to pay for their child's medical care and any past expenses that have been caused. A steadfast lawyer can determine if negligence caused the child's birth injury and seek compensation to alleviate the financial burden of families.