Birth Injury Litigation

Birth injuries can lead to severe disabilities that can negatively impact the quality of life of your child. Medical treatments can be expensive and long.

A good lawyer will file a lawsuit for birth injuries, investigate the incident, gather evidence, and make an argument of negligence. They may represent you in settlement negotiations or in court if necessary.

Settlements

In more than 90% of medical malpractice cases, the plaintiffs and defendants reach an agreement to settle the case before the case goes to trial. Both parties will avoid costly and stressful court costs and receive compensation for the plaintiff. In the event that there is no trial, a jury will determine whether the defendants are liable to pay the plaintiff any compensation and the amount of the amount they are required to pay.

The first step toward receiving financial compensation for your child's birth injury lawsuits injury is proving that the doctor you hired to deliver your baby had an established professional relationship with you, and he violated this obligation during the birthing procedure. This can be accomplished through medical records and hospital bills. Your lawyer will have to prove that the breach caused the injury to your child.

Once you have the evidence, your attorney will present a complete set of demands to the malpractice insurance companies of the defendants. This document contains a thorough letter describing your child's injuries along with any supporting documents. The malpractice insurance company will look over the request, and then either take it or leave it. If the demand is rejected, your lawyer will file a lawsuit.

Your lawyer may suggest that, in the event of a successful lawsuit for birth injuries, a portion of the settlement or award be put into a special needs fund. This will permit you to grant future funds to your child to cover things such as physical therapy, medicine, and home modifications.

Trials

In certain cases, attorneys will attempt to reach an agreement to resolve the matter before going to court. Settlements offer financial compensation to a plaintiff and results in an official agreement that resolves the case.

An attorney's team will seek evidence to prove that medical professionals didn't meet a high standard of care and triggered an injury. Lawyers representing defendants will gather their own evidence to prove the assertions. The attorneys will then meet with one other to discuss a settlement amount. If a settlement isn't reached then the case will go to trial.

The trial process could take months or years to be completed. It can be stressful, risky and painful for plaintiffs, as they experience the trauma of their child's birth injuries. The winner could receive a large award. A party that loses the appeal can appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can assist you to get the best possible result throughout the litigation process. From drafting the demand letters, to filing the lawsuits, discovery, settlement negotiation and appeals, as well as trials, if necessary, a legal professional will ensure the highest possible outcome. They can help you get an award that will change your life for your family's requirements. A lawyer can provide you with a an expert network to help support your claim. The legal team of Lipsitz Green will investigate the case to determine what transpired and fight for fair compensation.

Statute of limitations

The medical profession has its own set of rules to be adhered to when performing procedures. These include the statute of limitations, which imposes a time limit for filing lawsuits. This limitation is designed to ensure that claims are filed while evidence is still available and witnesses' memories are fresh. Even if a lawsuit has a solid legal basis, it will be dismissed if filed after the statute has expired.

For birth injury lawyer injury victims the statute of limitations can be crucially important. A successful lawsuit could provide compensation for future and current medical expenses, lost wages from missing work to take care of the child, as well as emotional stress. In certain circumstances, a judge or jury could also award punitive damage to punish defendants who have shown an extreme lack of care.

A New York attorney who is well-versed in birth injury claims should represent victims. They are able to investigate the incident and collect evidence, build a case for negligence, and negotiate a settlement or go to trial if needed. In some cases the defendant could try to dismiss a lawsuit claiming that the statute of limitation has run out. A lawyer will be able to determine quickly whether this is the case. If the situation involves a public hospital that is run by local or federal government, separate and potentially much shorter time-limits may apply.

Expert Witnesses

In the event of a medical malpractice case experts can help jurors and judges to understand the evidence and the facts in the case. They can also offer expert opinions or inferences to help them make the right decision. They are allowed to offer this advice because their knowledge and expertise is more specific and reliable than the average person or one who has no medical education.

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

The expert's report must reflect the current state of medical knowledge in the case at the time of the hearing. Experts should not denounce any practice that is not in line with generally accepted practices or accept any performance that is not in the scope of the standards. Experts should be willing and able to provide transcripts of depositions or courtroom testimony to peers to be reviewed. They should not sign contracts that state that the costs for expert testimony are excessively expensive in comparison to the time and efforts involved.

Parents of children who has suffered a serious birth injury may be able to seek compensation for future medical care their child will require and also for past expenses they have already incurred to provide care for the child. A determined attorney can determine if negligence caused the child's birth injury and seek compensation to help ease the financial burden of the family.