Birth Injury Litigation

Birth injuries can result in serious disabilities that can impact your child's quality of life. The medical treatment they require can be costly and long.

A reputable lawyer can make a birth injury lawsuit to investigate the incident, gather evidence, present an argument for negligence and represent you during settlement negotiations or in court should it be necessary.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants reach an agreement on settlement before going to trial. This allows both parties to save money and stress-inducing court costs, and also gives the plaintiff a guarantee of compensation. If a trial isn't feasible, a jury will decide whether the defendants have a duty to compensate the plaintiff and how much.

The first step in obtaining financial compensation for birth injury lawsuits injuries for your child is to establish that the doctor who gave birth to your baby had an established professional relationship with you, and that he breached this obligation during the birthing procedure. This can be done by using medical records and hospital invoices. Your lawyer will have to find evidence that the breach caused your child's injuries.

If you have the evidence, your lawyer will submit an order package to defendants' malpractice carriers. This document contains a thorough letter that describes the injuries your child sustained along with supporting documents. The malpractice insurer will examine the request, and either take it or leave it. If the demand is denied, your lawyer will file suit.

In the event 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 who require special. This will permit you to grant future funds to your child for things such as physical therapy, medicine and home modifications.

Trials

In some instances lawyers will attempt for a settlement in order to settle the issue without going to court. Settlements offer financial compensation to a plaintiff and results in an official agreement that ends the case.

A team of lawyers will gather evidence to show that medical professionals did not adhere to the requirements for a high standard of care, causing injury. Lawyers for defendants also collect their own evidence in order to refute claims. The attorneys will meet to negotiate for a settlement. If no settlement can be reached the case will go to trial.

The trial process may take a long time to complete. It can be a stressful, risky and painful for plaintiffs who have to relive the trauma of their child's birth Injury law firms trauma. The winning party could win an award of a significant amount. The losing side can appeal the decision.

A birth injury law firms injury lawyer who has experience can make all the difference in your case. A legal professional can ensure the best result at every step of the litigation process, from writing the demand letter to filing the lawsuit and discovery, settlement negotiations and trial, or in the event of an appeal, if necessary. They can help you obtain life-changing compensation for your family's requirements. Lawyers can also provide experts to support your claim. The legal team at Lipsitz Green will investigate the case to determine what happened and fight for fair settlement.

Statute of Limitations

Medical professionals have their own set of rules to adhere to when performing procedures. This includes the statute of limitations which sets a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories are still fresh. Even if the lawsuit has a solid legal basis it will be dismissed if filed after the statute of limitations has expired.

The statute of limitations is crucial for birth injuries. A successful claim can provide compensation for the victim's present and future medical expenses as well as lost wages due to being away from work to care for their child, and emotional anxiety. In certain instances, the judge or jury could also award punitive damages to punish defendants who have shown excessive negligence.

A New York attorney who is experienced in birth injury claims is required to represent the victims. They are able to investigate the incident and collect evidence, build an argument for negligence, and settle the case or go to trial if necessary. In certain instances the defendant could try to dismiss a suit claiming that the statute of limitations has passed. A lawyer will be able to quickly determine if this is the situation. If the situation involves public hospitals which are operated by local, state or federal government the possibility of a separate, and shorter time limit may apply.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and facts of a medical malpractice case. They can also provide specialized or professional opinions and inferences that can help them make a decision. They are allowed to do so because their knowledge is more reliable and precise than that of a layperson, or someone without medical training.

A legal representative may retain an expert witness to look over medical records, offer a testimony, and assist the lawyer in putting together the case. The expert will sign an affidavit, and then appear in court. An expert can be an employee of a hospital or health care provider from the defendant's establishment, or an outsider.

The expert's opinion must reflect the current medical knowledge available at the time. The expert should not condemn any practice that is not in line with the generally accepted standards of practice or support performance that is outside of those standards. Experts should be prepared and able to provide transcripts of depositions or courtroom testimony to peers to be reviewed. They should not sign any contracts that state that the costs for expert testimony are excessively high compared to their time and effort.

Parents who have a child suffering from a severe birth injury may claim damages for the future medical care the child will require and for any previous expenses they have already paid to provide care for the child. A determined attorney can determine whether negligence was the cause of the child's injuries at birth and obtain compensation that will ease the financial burden on a family.