Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact the quality of life for your child. Medical treatments can be expensive and long.

A competent lawyer can file your birth injury lawsuit and investigate the incident to gather evidence, present a case for negligence and assist you in settlement negotiations or at trial if needed.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants agree to a settlement agreement prior to going to trial. This helps both parties save money and stress-inducing court costs, and gives the plaintiff a guarantee of compensation. In the event that an agreement cannot be reached the jury will decide whether the defendants are liable to pay the plaintiff any compensation and the amount of amount they have to pay.

The first step toward receiving the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your baby had a an professional relationship with you and violated that obligation during the birthing procedure. This can be accomplished using medical records and hospital bills. Your lawyer must gather proof that the breach was responsible for your child's injuries.

If you have the evidence the lawyer will then submit a demand form to the defendants' malpractice companies. This document includes a detailed letter detailing the injuries suffered by your child as well as supporting documents. The malpractice insurer will examine the request, and then either decide whether to accept or deny it. If the demand is denied, your lawyer will file suit.

In the event of a successful birth injury lawsuit your lawyer may suggest placing a portion of your settlement or award in a special trust for children with disabilities. This will enable your child to access future funds for things like medicine and physical therapy as well as home modifications.

Trials

In some instances, lawyers will try to reach a deal to resolve the matter without a court appearance. A settlement offers an amount of money to the plaintiff and is a formal agreement that concludes the case.

A lawyer's team will collect evidence to prove that medical professionals didn't meet a high standard of care, causing an injury. The lawyers representing the defendants will also gather their own evidence to disprove the claims. The attorneys will meet to discuss the terms of a settlement. If a settlement is not reached, then the case will be taken to court.

The trial process could take months or years 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 party could be awarded a huge verdict. A losing party may appeal the decision.

A skilled lawyer for birth injuries can make a huge difference in your case. A lawyer can help you obtain the best outcome at every stage of the litigation process. From the writing of the demand letters to filing the lawsuits or discovery, settlement negotiation and appeals, as well as trials, if necessary A legal professional will ensure the highest possible outcome. They can assist you in getting an award that will change your life for your family's requirements. A lawyer can also help you establish a an expert witness network to support your claim. The legal team at Lipsitz Green will investigate your case to determine how the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules to adhere to when conducting procedures. This includes the statute of limitations, which has a time limit for filing lawsuits. This limitation is designed to ensure that claims are filed when physical evidence remains available and the memories of witnesses are fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed will be dismissed even in the event that it has a solid legal basis.

For victims of birth injuries, the statute of limitations could be particularly crucial. A successful claim may provide the compensation needed for future and ongoing medical costs loss of wages due to the inability to work in order to take care of the child, and emotional anxiety. In some cases, a jury or judge will also award punitive damages to penalize defendants who have committed a grave negligence.

Victims of birth injuries should have a New York attorney familiar with these types of claims. They can investigate and gather evidence to establish a case of negligence or negotiate a settlement or take the case to court if necessary. In certain situations the defendant may attempt to dismiss a case by saying that the statute of limitations has expired. A lawyer will be able quickly determine if this is the situation. If the case involves a public health facility that is run by local government, state or federal authorities there could be separate and shorter statute of limitation periods may apply.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and facts of a medical malpractice case. They are also able to provide expert opinions or inferences to help them make a decision. They are permitted to do this because their experience and expertise is more precise and reputable than an average person or someone who has no medical education.

A lawyer may hire an expert witness to review medical records, provide testimony, and assist the lawyer in preparing the case. The expert would then sign an affidavit and testify in court about their findings. An expert can be a hospital employee or health care professional at the institution of the defendant, or an outsider.

The expert's report must reflect the current medical knowledge at the time. The expert should not criticize 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 provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not be a part of contracts that state that the costs for expert testimony are excessively expensive in comparison to the time and effort.

Parents who have a child suffering from a severe birth injury can claim damages for the future medical care the child will require in addition to any past costs they've already paid to care for the child. A steadfast attorney can determine if negligence was involved in the child's injuries at birth and seek compensation to ease the financial burden on a family.