Birth Injury Litigation

Birth injuries can result in severe disabilities that can negatively impact your child's quality of life. The medical treatments that they require can be costly and take a long time.

A competent lawyer will file your birth injury lawsuit and investigate the incident to collect evidence, make a case for negligence and assist you in settlement negotiations or at trial in the event of a trial.

Settlements

In 90% of medical malpractice lawsuits the defendant and plaintiff reach an agreement before the case is even tried. This allows both parties to avoid the burdensome and costly court costs, and also gives the plaintiff a promise of compensation. If a trial isn't feasible, a jury will decide whether the defendants are liable to compensate the plaintiff and how much.

The first step in obtaining the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your baby had a an established professional relationship with you and violated the duty of care during the birthing process. This can be done by using medical documents and hospital invoices. Your lawyer will need to collect evidence that the breach led to your child's injuries.

Once you have this evidence Your lawyer will then send an order package to defendants' malpractice insurance carriers. This document includes a detailed letter that outlines the child's injuries and the supporting documents. The malpractice insurance company will look over the request and decide whether to take it or leave it. If the demand is rejected the lawyer will file suit.

If you are the victim of a successful birth injury lawsuit the attorney you consult with may recommend placing a portion of your settlement or award into a special trust for children with disabilities. This will enable your child to have access to future funds for things like medicine, physical therapy and home modifications.

Trials

In certain instances, lawyers will try to negotiate a settlement to resolve the matter without going to court. A settlement is a formal agreement that resolves the matter and also provides compensation to the plaintiff.

An attorney's team will collect evidence to prove medical professionals didn't meet a high standard of care and triggered an injury. Lawyers for the defendants will also collect evidence to prove the allegations. The attorneys will then sit down with each and negotiate a settlement amount. If a settlement cannot be reached, then the case will be taken to the court.

The trial process can take months or even years to complete. Plaintiffs can be afflicted with pain, stress and even risk when they recall their child's birth injury trauma. The winner may be awarded a large award. The losing side may appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can guarantee the best outcome at every stage of the legal process, starting with the creation of the demand letter, to filing the lawsuit or discovery, negotiation of settlement and trial, and in the event of an appeal, if necessary. They can assist you in obtaining an award that will change your life for your family's requirements. A lawyer can also offer an expert witness network to back your claim. The legal team of Lipsitz Green will investigate the incident to determine what went wrong and fight for fair compensation.

Statute of limitations

The medical profession has its own set of rules that must be adhered to during procedures. This includes the statute of limitations which specifies a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories are fresh. A lawsuit filed after the statute of limitations has expired can 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 lawsuit could provide the compensation needed for future and ongoing medical expenses loss of wages due to the inability to work to take care of the child, and emotional stress. In certain cases, the judge or jury may also award punitive damages to punish defendants who have demonstrated excessive negligence.

A New York attorney who is familiar with birth injury claims is required to represent the victims. They can conduct an investigation and gather evidence to establish a case of negligence or negotiate a settlement or go to court if required. In some cases an accused party may try to dismiss a lawsuit by claiming that the statute of limitations has run out. A lawyer will be able to determine quickly when this is the case. If the matter involves public hospitals which are managed by state, local, or federal government in addition, a separate and shorter time limit may apply.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and facts of the medical malpractice case. They also offer specialized or professional opinions to assist jurors to make a decision. They are permitted to offer their opinions because their knowledge is more reputable and detailed than the knowledge of a layperson or someone without medical training.

A lawyer may hire an expert witness to look over medical records, provide testimony, and assist the lawyer in preparing 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 professional from the defendant's institution or an outsider.

The expert's testimony must reflect the current medical knowledge at the time. The expert should not denounce or condone the performance of a physician within generally accepted guidelines of practice. Experts should provide deposition transcripts and courtroom testimony for peer review. They should not sign agreements where the fees for their expert testimony are inordinately expensive in comparison to the time and effort.

Parents who have a child who has suffered a serious birth injury can claim damages for the future care that their child will require, as well as past costs they've already paid to provide care for the child. An experienced lawyer can determine if negligence caused the child's birth injury and secure compensation that can alleviate the financial burden of families.