Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact the quality of life of your child. The medical treatment they require can be costly and long.

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

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants sign an agreement on settlement prior to the case going to trial. This allows both parties to avoid expensive and stressful court costs, and gives the plaintiff a promise of a fair settlement. In the event that an agreement cannot be reached the jury will decide whether the defendants owe plaintiff any compensation and the amount of money they should pay.

The first step toward receiving the financial compensation your child deserves for his birth injury compensation injury is to prove that the doctor you hired to deliver your baby was in an professional relationship with you and violated that duty during the birthing procedure. You can do this by using medical records and hospital invoices. Your lawyer will also need to collect evidence that proves the breach resulted in the injuries of your child.

If you have the evidence and your lawyer has it, they will send an offer to the defendants' malpractice carriers. The document will include a letter detailing your child's injuries, and any supporting evidence. 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.

In the event of an outcome in a birth injury law injury lawsuit, your attorney may recommend placing part of your settlement or award into a special needs trust. This will enable you to give future funds to your child to cover things such as physical therapy, medicine, and home modifications.

Trials

In certain instances lawyers may try to negotiate a settlement to settle the issue without a court appearance. Settlements provide an amount of money to the plaintiff and results in an official agreement that settles the case.

A team of attorneys will gather evidence to prove that medical professionals failed to meet the highest standards of care and caused injuries. Lawyers for the defendants will also gather evidence to refute the claims. The attorneys will meet to discuss an agreement. If a settlement isn't reached the case will be sent to trial.

The trial process may take a long time to take to. Plaintiffs might feel pain, stress and anxiety as they try to relive their child's birth injury trauma. The winning party could be awarded a substantial verdict. A party that loses the appeal can appeal the decision.

A birth injury lawyer with experience can make a big difference in your case. A lawyer can help you get the best possible outcome throughout the litigation process. From the writing of the demand letters to filing the lawsuits or discovery, settlement negotiation, birth injury lawsuit trial, or appeals, if necessary a lawyer will ensure the best possible outcome. They can assist you in obtaining compensation that will change your life and that of your family members. A lawyer can help you establish a an expert 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 that must be adhered to in all procedures. This includes the statute of limitation which specifies a deadline for filing lawsuits. This limit is designed to ensure that claims are filed as long as physical evidence remains available and witnesses' memories are fresh. Even if the lawsuit is based on a solid legal foundation it will be dismissed if filed after the statute of limitations has expired.

The statute of limitations can be important for victims of birth injuries. A successful lawsuit could provide compensation for current and future medical costs and lost wages resulting from the absence of work in order to care for the child, and emotional anxiety. In some cases, the juror or judge could also award punitive damage to punish defendants who have displayed the most reckless of negligence.

A New York attorney who is well-versed in birth injury law injury claims is required to represent the victims. They can investigate and collect evidence to establish a case of negligence or negotiate a settlement or take the case to court if needed. In certain situations there is a possibility that a defendant will attempt to dismiss a lawsuit arguing that the time limit has expired. A lawyer will be able quickly determine if this is the situation. If the situation involves a public hospital that is run by local or federal government the possibility of a separate and shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can help juries and judges understand the evidence and the facts of the medical malpractice case. They also offer professional or specific opinions to help jurors to make a decision. They are allowed to offer their opinions because their expertise is more reliable and detailed than that of a layperson, or someone who is not trained in medical sciences.

A lawyer can engage an expert witness to review medical records, provide testimony, and aid the lawyer in putting together the case. The expert would sign an affidavit and then give evidence in the court. An expert could be an employee of the defendant's hospital or health care system, or someone who is not associated with the institution.

The expert's opinion must reflect the current state of medical knowledge available at the time. The expert should not condemn or accept the practice as a whole within generally accepted standards of practice. Experts should provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not sign contracts that state that the costs for expert testimony are too high compared to their time and effort.

Parents of a child who has suffered a severe birth trauma can seek damages to cover the cost they'll incur for birth injury lawsuit their child's medical care and any expenses that were that they have incurred. A lawyer who is unwavering can determine if negligence the cause of a child's birth injury and obtain compensation to ease the family's financial burden.