Birth Injury Litigation

Birth injuries can cause severe disabilities that could affect your child's quality of life. Medical treatments can be costly and Vimeo take a long time.

A competent lawyer can start a lawsuit for birth injuries as well as investigate the incident, collect evidence, make an argument for negligence and represent you during settlement negotiations or at trial in the event of a trial.

Settlements

In the majority of medical malpractice lawsuits, the plaintiff and defendant reach a settlement prior Vimeo to the case is tried. This helps both parties avoid costly and stressful court costs, and also provides the plaintiff with 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 to receive the financial compensation your child deserves for his birth injury is proving that the doctor you hired to deliver your baby had a professional relationship with you, and he violated the duty of care during the birthing procedure. You can prove this by using medical documents and hospital invoices. Your lawyer will also have to gather evidence that the breach was responsible for your child's injuries.

Once you have this evidence and your lawyer has it, they will send a demand package to the defendants' malpractice companies. This document contains a thorough letter that describes the injuries your child sustained and the supporting documents. The malpractice insurance company will look over the request and decide whether to accept or reject it. If the demand is denied then your lawyer will file a lawsuit.

In the event of an outcome in a birth injury lawsuit your lawyer may suggest placing part of your settlement or award in a special needs trust. This will enable you to grant future funds to your child to cover things such as physical therapy, medication, and home modifications.

Trials

In some cases, lawyers will attempt to reach an agreement to resolve the issue before taking it to court. Settlements provide financial compensation to a plaintiff and ends in an official agreement that resolves the matter.

A team of lawyers will collect evidence to prove that medical professionals did not provide the requirements for a high standard of care and caused injury. Lawyers for defendants also collect their own evidence in order to refute assertions. The attorneys will then sit down with each and negotiate an amount for settlement. If no settlement can be reached the case will be sent to trial.

The trial process could take months, or years to complete. It can be stressful, dangerous and painful for plaintiffs who have to relive the trauma of their child's birth trauma. The winning side could be awarded a huge verdict. A losing party may appeal the decision.

A birth injury lawyer who has experience can make a significant difference in your case. A lawyer can help you get the best possible result at every stage of the litigation process. From drafting the demand letters to filing lawsuits or discovery, settlement negotiations and appeals, as well as trials when necessary A legal professional will ensure you get the best outcome. They can help you receive compensation that will change your life as well as the lives of your family. A lawyer can provide you with an expert network to back 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

The medical profession has its own set of rules to be followed when performing procedures. This includes the statute of limitations that sets a time limit for filing lawsuits. This limit is set to ensure that claims are filed in the time physical evidence remains available and witnesses' memories are fresh. Even if the suit has a solid legal basis the case will be dismissed if filed after the statute has expired.

For birth injury victims, the statute of limitations could be particularly crucial. A successful case could result in the right to compensation for future and present medical expenses as well as lost wages due to missing work to care for the child, and emotional anxiety. In certain circumstances, a judge or jury could also award punitive damages to punish defendants who have shown extreme negligence.

A New York attorney who is well-versed in birth injury claims is required to represent the victims. They can conduct investigations and gather evidence to establish a case of negligence, negotiate a settlement, or even go to court if necessary. In some instances an accused party may try to dismiss a case by saying that the time limit has expired. A lawyer can determine quickly whether this is the case. If the case involves public hospitals which are managed by local, state or federal governments, a separate and possibly shorter time limit could be in place.

Expert Witnesses

In the case of medical malpractice, expert witnesses can assist jurors and judges to understand the evidence and the facts of the case. They are also able to provide expert opinions or inferences that can help them make a decision. They are allowed to do so because their expertise is more reputable and detailed than the knowledge of a layperson or someone who is not trained in medical sciences.

Legal representatives can enlist an expert witness to examine medical records, provide testimony and assist the lawyer with the case. The expert will sign an affidavit and then be able to testify in court. An expert could be an employee of the defendant's hospital or health care system, or someone who is not associated with the institution.

The expert's report must reflect the current medical knowledge at the time. Experts should not rebuke actions that fall within the generally accepted standards of practice or support performance that is outside of the standards. Experts should be able to provide deposition transcripts as well as courtroom testimony for peer review. They should not sign agreements where the fees for expert testimony are too expensive compared to the time and efforts involved.

Parents of children who has suffered a serious birth injury may seek compensation for the future care that their child will require, in addition to any past costs they've already paid to care for the child. A reliable attorney can determine if negligence caused the child's injury at birth injury lawsuit and seek compensation to alleviate the financial burden of the family.