Birth Injury Litigation

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

A good lawyer can file your birth injury lawsuit to investigate the incident, collect evidence, make a case for negligence and assist you in settlement negotiations or at trial should it be necessary.

Settlements

In more than 90 percent of medical malpractice cases, plaintiffs and defendants agree to an agreement for settlement before the case goes to trial. This helps both parties save money and stress-inducing court costs, and gives the plaintiff a promise of compensation. If the trial is not able to be concluded, a 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 to receiving financial compensation for a birth injury in your child is to prove the doctor who gave birth to your baby had a professional relationship with you and that he acted in breach of this obligation during the birthing procedure. This can be accomplished using medical records and hospital bills. Your lawyer will have to collect evidence that the breach was responsible for the injuries to your child.

Once you have this evidence the lawyer will then submit an order package to plaintiffs' malpractice insurers. This document includes a written statement detailing the injuries suffered by your child, along with supporting documentation. The malpractice carrier will then examine the request and either accept or reject it. If the demand is denied, your lawyer will file suit.

Your lawyer might suggest that, in the case of a successful lawsuit for birth injuries, a portion of the settlement or award be placed into a special needs fund. This will enable your child to have access to future funds for things such as medicine physical therapy, home modifications.

Trials

In some cases, lawyers will try to reach a deal to resolve the matter without having to go to court. A settlement offers an amount of money to the plaintiff and results in an official agreement that concludes the matter.

A team of lawyers will gather evidence to demonstrate that medical professionals did not adhere to the highest standards of care and caused injuries. Lawyers for the defendants will also gather their own evidence to counter the claims. The attorneys will then meet with one and negotiate the amount of settlement. If a settlement is not reached, then the case will be taken to the court.

The trial process can take months or even years to be completed. Plaintiffs can experience stress, pain and even risk when they recall the trauma of their child's birth. The winner could be awarded a substantial verdict. The losing side may appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can help you get the best possible outcome throughout the litigation process. From the drafting of demand letters to filing the lawsuits or discovery, settlement negotiations, trial, or appeals when necessary a lawyer will ensure the best possible outcome. They can help you receive compensation that will transform your life and the lives of your family. A lawyer can connect you to a experts to support your claim. The legal team of Lipsitz Green will investigate the incident to determine what went wrong and fight for fair amount of compensation.

Statute of limitations

Medical professionals have their own set of rules to follow when conducting procedures. This includes the statute of limitations which establishes 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 fresh. A lawsuit that is filed after the time limit has expired will be dismissed even if it has a strong legal basis.

The statute of limitations can be crucial for birth injuries. A successful claim may provide the right to compensation for future and present medical expenses loss of wages due to the inability to work in order to care for the child, and emotional anxiety. In some cases, a jury or judge may also award punitive damages intended to punish defendants for extreme inattention to detail.

A New York attorney who is adept at defending birth injuries should represent victims. They can investigate the incident and gather evidence, make an argument for negligence, and negotiate a settlement or go to trial if needed. In certain situations there is a possibility that a defendant will attempt to dismiss a case by asserting that the statute of limitations has run out. A lawyer can quickly determine when this is the case. If the case involves public hospitals which are operated by the state, local or federal government the possibility of a separate, and much shorter statute of limitations could be in place.

Expert Witnesses

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

A lawyer can engage an expert witness to examine medical records, provide an opinion and help the lawyer in putting together the case. The expert would sign an affidavit, and then be able to testify in the court. An expert could be an internal employee of the defendant's hospital or health care system, or someone outside of the institution.

The expert's testimony should reflect the current state of medical knowledge available at the time of the hearing. The expert should not denigrate or excuse any action that is not in line with generally accepted guidelines of practice. Experts should be prepared and able to send transcripts of depositions or courtroom testimony to peers to be reviewed. They should not sign contracts in which the fees for their expert testimony are unreasonably expensive in comparison to the time and effort.

Parents of a child who has suffered a severe birth trauma may seek damages to cover the costs they'll be liable for their child's medical care, as well as any expenses that were that they have incurred. A lawyer who stands by his word will determine if negligence at play in the birth injury and secure compensation to ease a family's financial burden.