Birth Injury Litigation

Birth injuries can lead to severe disabilities that can negatively impact your child's quality of living. Medical treatments can be costly and long.

A competent lawyer will start a lawsuit for birth injuries to investigate the incident, gather evidence, build an argument for negligence and also represent you in settlement negotiations or in court should it be necessary.

Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants reach an agreement on settlement before the case goes to trial. Both parties can avoid the costly and stressful court fees and receive compensation for the plaintiff. If a trial isn't possible, a jury can decide whether the defendants are liable to pay compensation and how much.

The first step in obtaining financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your baby was in an professional relationship with you and breached that duty during the birthing process. This can be done by using medical records and hospital invoices. Your lawyer will also need to find evidence that shows the breach was responsible for the injuries to your child.

Once you have this evidence, your lawyer will submit an order package to defendants' malpractice carriers. The document will include a detailed letter describing your child's injuries and the supporting documents. The malpractice insurer will examine the request and decide whether to accept or reject it. If the demand is rejected, your lawyer will file a lawsuit.

If you are the victim of the outcome of a successful lawsuit for birth injuries, your attorney may recommend placing the proceeds of your settlement or award into a special needs trust. This will permit you to give future funds to your child to cover things like medicine, physical therapy, and home modifications.

Trials

In some cases lawyers will try to reach a deal to resolve the matter without going to court. A settlement is an agreement that is formal and resolves a dispute and pays compensation to the plaintiff.

A team of lawyers will gather evidence to show that medical professionals did not adhere to the highest standards of care and aggravated injuries. The lawyers representing the defendants will also collect evidence to disprove the claims. The attorneys will then sit down with each other to negotiate a settlement amount. If no settlement can be reached, then the case will go to court.

The trial process can last for months or even years to take to. It can be stressful, risky and painful for plaintiffs as they relive the trauma of their child's birth trauma. The winning party could be awarded a huge verdict. A losing party could appeal the decision.

A birth injury lawyer who has experience can make a big difference in your case. A lawyer can assist you to get the best possible outcome throughout the litigation process. From the writing of the demand letters to filing lawsuits or birth injuries discovery, settlement negotiation or appeals should they be required, a legal professional will ensure you get the best outcome. They can assist you in obtaining life-changing compensation for your family's requirements. A lawyer can provide you with experts to support your claim. The legal team at Lipsitz Green will investigate your claim 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 adhered to during procedures. This includes the statute of limitations which has a time limit for filing lawsuits. This limitation is intended to ensure that claims are filed while evidence is available in physical form and the memories of witnesses are fresh. Even if the lawsuit has a solid legal foundation, it will be dismissed if filed after the statute has expired.

The time limit for filing a claim can be crucial for those suffering from birth injuries. A successful claim can provide compensation for the victim's present and future medical expenses, lost wages due to working less to take care of their child, as well as emotional stress. In certain circumstances, a juror or judge could also award punitive damage to punish defendants who have shown extreme negligence.

A New York attorney who is adept at defending birth injury lawsuit injuries should represent victims. They can investigate and collect evidence to establish a case of negligence or negotiate a settlement or even go to court if necessary. In some cases an accused party may try to dismiss a lawsuit by asserting that the time limit has expired. A lawyer will be able to determine quickly if this is the situation. If the situation involves a public hospital that is run by local government, state or federal authorities, separate and potentially much shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges better understand the evidence and the facts of the medical malpractice case. They can also offer expert or specialized opinions to help jurors make a decision. They are able to do this because their knowledge and expertise is more detailed and reliable than an average person or someone who is not a medical professional.

A lawyer can engage an expert witness who will examine medical records, provide a testimony and help the lawyer to put together the case. The expert would then sign an affidavit, and testify in court about their findings. 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 testimony should reflect the current state of medical knowledge available at the time. Experts should not criticize or excuse any action that is not in line with generally accepted guidelines of practice. Experts should be willing and able to send transcripts of depositions and courtroom testimony to their peers for review. They should not enter into agreements where the fees for their expert testimony are inordinately high in relation to the time and effort involved.

Parents of a child who has suffered a severe birth trauma may seek damages to cover the future costs they'll be liable for the care of their child, as well as any past expenses that were paid for. A steadfast attorney can determine if negligence was involved in the child's injury during birth and secure compensation that can alleviate the financial burden of a family.