Birth Injury Litigation

Birth injuries can result in serious disabilities that can impact your child's quality of living. The medical treatments they require could be costly and time-consuming.

A good lawyer will file your lawsuit for birth injury, study the incident, gather evidence, and make a case of negligence. They can represent you in settlement negotiations or in court if necessary.

Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants come to an agreement on settlement before the case goes to trial. This lets both parties avoid expensive and stressful court costs, and also gives the plaintiff a promise of compensation. If a trial is not feasible, a jury will decide whether the defendants are liable to pay compensation and what amount.

The first step toward receiving financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your child had a an official relationship with you and violated that obligation during the birthing process. You can prove this using medical records and hospital invoices. Your lawyer will also have to establish that the breach led to your child's injuries.

If you have evidence, your attorney will submit a package of demands to the malpractice insurers of the defendants. This document includes a letter detailing your child's injuries, and any supporting evidence. The malpractice insurer will examine the request and decide whether to decide whether or not to accept it. If the demand is denied the lawyer will file suit.

Your attorney may recommend that in the event that a lawsuit is successful for birth injury, a part of the settlement or award is placed in a special needs fund. This will allow you to give future funds to your child for things like physical therapy, medication, and home modifications.

Trials

In some instances, attorneys will try to come to an agreement on how to settle the issue before taking it to court. Settlements provide the plaintiff with financial compensation and ends in an official agreement that ends the case.

A team of lawyers will gather evidence to demonstrate that medical professionals did not meet a high level of care and aggravated injuries. Lawyers representing the defendants will also gather evidence to counter the claims. The attorneys will then meet one other to negotiate an amount for settlement. If no settlement can be reached the case will go to trial.

The trial process could take months or years to be completed. Plaintiffs might suffer from pain, stress and danger as they revisit the trauma of their child's birth. The winner may be awarded a large award. The losing side can file an appeal of the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can help you get the best possible result throughout the litigation process. From the writing of the demand letters to filing lawsuits or discovery, settlement negotiation, trial, or appeals should they be required an attorney will ensure the best possible outcome. They can help you receive compensation that will alter your life, and the lives of your family. A lawyer can also provide a network of expert witnesses to back 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

The medical profession has its own set of rules that must be followed when performing procedures. These include the statute of limitations, which has a time limit for filing lawsuits. This limitation is designed to ensure that claims are filed while physical evidence remains available and the memories of witnesses 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 statute of limitations is important for victims of birth injuries. A successful case can result in compensation for the victim's current and future medical expenses as well as lost wages due to working less to take care of their child, as well as emotional distress. In certain instances, the judge or jury could also award punitive damages to punish defendants who have displayed excessive negligence.

A New York attorney who is experienced in birth injury claims is required to represent the victims. They can investigate the incident, gather evidence, create a case for negligence and settle the case or go to trial if needed. In certain instances the defendant could try to dismiss a case claiming that the statute of limitations is over. A lawyer is able to determine if this is the situation. If the situation involves a public hospital, which are operated by local or federal government the possibility of a separate and shorter statute of limitation periods could be in effect.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and facts of a medical malpractice case. They can also offer professional or specific opinions to assist jurors decide. They are permitted to offer this advice because their knowledge and expertise is more precise and reliable than an average person or someone who has no medical training.

A legal representative can retain an expert witness to examine medical records, provide an account and assist the lawyer with the case. The expert would then be required to sign an affidavit as well as testify in court regarding their findings. An expert can be an employee of a hospital or health care provider at the defendant's facility or an outsider.

The expert's testimony must reflect the current state of medical knowledge at the time. The expert should not denounce or condone performance within the generally accepted guidelines of practice. Experts should be prepared and able to send transcripts of depositions and courtroom testimony to peers to be reviewed. They should not sign contracts where the fees for expert testimony are too expensive compared to the time and effort.

Parents who have a child with a severe birth injury may be able to claim damages for the future care that the child will require, in addition to any past expenses that they have already paid to care for the child. An experienced attorney can determine if negligence was the cause of the child's injury at birth and obtain compensation that will reduce the financial burden for a family.