Birth Injury Litigation

Birth injuries can lead to serious disabilities and affect the quality of life of your child. Medical treatments can be costly and long.

A good lawyer can file your birth injury lawsuit to investigate the incident, gather evidence, build the case for negligence, and also represent you in settlement negotiations or at trial should it be necessary.

Settlements

In 90% of medical malpractice cases, the plaintiff and defendant agree to a settlement prior to the case is tried. This allows both parties to avoid the burdensome and costly court costs, and birth injury gives the plaintiff a guarantee of compensation. If a trial is not possible, a jury decides whether the defendants have a duty to compensate the plaintiff and how much.

The first step in obtaining financial compensation for birth injuries in your child is proving the doctor who gave birth to your child had a professional relationship with you, and that he did not fulfill this duty during the birthing procedure. You can prove this by using medical records and hospital invoices. Your lawyer will have to gather proof that the breach led to the injury to your child.

Once you have the evidence, your attorney will then submit a list of demands to the malpractice insurance carriers of the defendants. This document includes a letter detailing the child's injuries as well as supporting documentation. The malpractice insurer will examine the request, and then either decide whether to accept or deny it. If the demand is rejected by your lawyer, they will bring a lawsuit.

Your lawyer could suggest that in the event of a successful lawsuit for birth injury attorneys injury, a portion of the settlement or award be put into a special-needs fund. This will permit your child to have access to future funds for things like medicines, physical therapy and home modifications.

Trials

In certain cases lawyers may try for a settlement in order to settle the issue without a court appearance. A settlement is an agreement formalized that resolves a case and provides compensation to the plaintiff.

A team of lawyers will gather evidence to show that medical professionals did not adhere to the standards of care, causing injury. Lawyers representing the defendants will gather evidence of their own to prove the assertions. The attorneys will then sit down with each the other to negotiate the amount of settlement. If a settlement is not reached, then the case will go to the court.

The trial process can take months or even years to complete. Plaintiffs might be afflicted with pain, stress and even risk when they recall their child's birth injury trauma. The winning side may receive a large settlement. But, a party that loses may appeal the decision.

A birth injury lawyer with years of experience can make all the difference in your case. A lawyer can assist you to achieve the best possible outcome at every stage of the litigation process. From drafting the demand letters to filing lawsuits or discovery, settlement negotiation and appeals, as well as trials, if necessary an attorney will ensure the best possible outcome. They can assist you in obtaining life-changing compensation for your family's requirements. A lawyer can help you establish a an expert network to back your claim. The legal team of Lipsitz Green will investigate the case to determine what transpired and fight for fair settlement.

Statute of limitations

Medical professionals have their own set of rules to follow in their procedures. This includes the statute of limitations which establishes a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed while evidence is still accessible and witnesses' memories remain fresh. Even if the lawsuit has a solid legal basis it will be dismissed if it's filed after the statute of limitations has expired.

For victims of birth injuries the statute of limitations can be crucially important. A successful claim could award the compensation needed for future and ongoing medical expenses loss of wages due to the inability to work to take care of the child, as well as emotional anxiety. In certain cases a judge or jury will also award punitive damages to punish defendants for committing a serious carelessness.

A New York attorney who is well-versed in birth injury claims should represent victims. They can investigate and collect evidence to make a case of negligence or negotiate a settlement or go to court when necessary. In some cases, a defendant may try to dismiss a lawsuit claiming that the statute of limitations has expired. A lawyer will be able to determine quickly if this is the situation. If the case involves a public health facility, which are operated by local government agencies, whether federal or state-based there could be separate and shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can assist juries and judges better understand the evidence and facts of a medical malpractice case. They can also provide specialized or professional opinions to assist jurors to make a decision. They can do this because their experience and expertise is more specific and reliable than a layperson or someone who has no medical training.

A lawyer may hire an expert witness to look over medical records, give a testimony, and assist the lawyer in preparing the case. The expert would sign an affidavit and then give evidence in court. An expert could be an employee of the defendant's hospital, health care system, or a person who is not employed by the institution.

An expert's report should reflect the current state of medical knowledge at the time of incident. Experts should not criticize or accept the practice as a whole within generally accepted standards of practice. Experts should be prepared and able to submit transcripts from depositions or courtroom testimony to peers for review. They should not sign contracts where the fees for expert testimony are excessively high compared to their time and effort.

Parents of a child who suffered a serious birth trauma may seek damages to cover the future costs they will incur for the care of their child and any previous expenses that may were caused. A steadfast attorney can determine if negligence caused the child's injury during birth and can secure compensation to alleviate the financial burden of a family.