Birth Injury Litigation

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

A competent lawyer will file your lawsuit for birth injury attorneys injuries, investigate the incident, collect evidence, and make the case of negligence. They may represent you in settlement negotiations or in court if necessary.

Settlements

In 90% of medical malpractice lawsuits, the plaintiff and defendant reach a settlement prior to the case is heard. Both parties will avoid costly and stressful court fees and receive compensation for the plaintiff. In the event that there is no trial the jury will decide if the defendants owe the plaintiff any compensation and the amount of the amount they are required to pay.

The first step in obtaining the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your baby had a an official relationship with you, and he violated that obligation during the birthing procedure. This can be done by using medical records and hospital invoices. Your lawyer will also have to collect evidence that proves the breach resulted in your child's injuries.

If you have evidence, your lawyer will send a set of demands to the malpractice insurance companies of the defendants. The document will include a detailed letter detailing the injuries suffered by your child along with any supporting documents. The malpractice insurance company will look over the demand, and accept or reject it. If the demand is rejected, your lawyer will bring a lawsuit.

If you are the victim of a successful birth injury lawsuit the attorney you consult with may recommend placing the proceeds of your settlement or award into a special trust for children with disabilities. This will enable your child to use the funds for things like medicine or physical therapy as well as home modifications.

Trials

In some cases, attorneys attempt to reach an agreement to settle the matter before going to court. A settlement provides an amount of money to the plaintiff and ends in an official agreement that concludes the matter.

A lawyer's team will collect evidence to prove that medical experts didn't adhere to a strict standard of care and triggered an injury. Lawyers for the defendants will also gather evidence to counter the claims. The attorneys will then sit down with each the other to negotiate the amount of settlement. If a settlement is not reached, the case will go to the court.

The trial process can last for months or even years to complete. Plaintiffs may feel pain, stress and risk as they relive the trauma of their child's birth. The winner may be awarded an enormous amount. A losing party may appeal the decision.

A skilled lawyer for birth injuries can make a huge difference in your case. A lawyer can assist you to obtain the best outcome at every stage of the litigation process. From drafting the demand letters, to filing the lawsuits, discovery, settlement negotiation and appeals, as well as trials should they be required an attorney will ensure you get the best outcome. They can help you get the life-changing amount of compensation your family requirements. Lawyers can also provide a network of expert witnesses to prove your claim. The legal team at Lipsitz Green will investigate the incident to determine what went wrong and fight for fair compensation.

Statute of Limitations

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

The time limit for filing a claim can be crucial for those suffering from birth injuries. A successful lawsuit could provide the compensation needed for future and ongoing medical costs, lost wages from missing work in order to take care of the child, and emotional distress. In certain circumstances, a juror or judge could also award punitive damages to punish defendants who have displayed excessive negligence.

A New York attorney who is familiar with birth injury claims should represent victims. They can investigate the incident and gather evidence, present a case for negligence, and seek a settlement or go to trial if necessary. In certain instances there is a possibility for a defendant to dismiss a lawsuit by claiming that the statute of limitation has run out. A lawyer is able to determine whether this is the case. If the case involves a public hospital that is run by local government, state or federal authorities the possibility of a separate and shorter time limits for statute of limitations may be in effect.

Expert Witnesses

Expert witnesses can help juries and judges to understand the evidence and the facts of a medical malpractice case. They may also offer specialized or professional opinions that help the jury to make a decision. They are able to do this because their experience and expertise is more thorough and reliable than that of a layperson or someone who has no medical training.

A legal representative can retain an expert witness to review medical records, give an opinion and help the lawyer in putting together the case. The expert will then sign an affidavit and testify in court about their findings. An expert could be an employee of the defendant's hospital, health care system, or someone who is not associated with the institution.

An expert's testimony should reflect the current state of medical knowledge at the time of incident in the case. The expert should not condemn the performance that is within generally accepted practice standards or accept any performance that is not in the scope of those standards. Experts should be prepared and able submit transcripts of depositions or courtroom testimony to peers for review. They should not sign agreements in which the costs for their expert testimony are disproportionately high in relation to the time and effort.

Parents who have a child with a severe birth injury may be able to seek compensation for future medical care their child will require and for any previous costs they've already paid for the care of the child. A determined attorney can determine whether negligence was involved in the child's injury at birth and obtain compensation that will help ease the financial burden of the family.