Birth Injury Litigation

Birth injuries can cause serious disabilities and can affect the quality of life of your child. The medical treatments they require could be expensive and lengthy.

A good lawyer can bring a birth injury lawsuit, investigate the incident and gather evidence, create an argument for negligence and represent you in settlement negotiations or in court should it be necessary.

Settlements

In more than 90 percent of medical malpractice cases, the plaintiffs and defendants come to an agreement for settlement prior to the case going to trial. Both parties can avoid the costly and stressful court fees and receive compensation for the plaintiff. If a trial is not possible, a jury decides whether the defendants are liable to pay compensation and how much.

The first step to receiving financial compensation for birth injuries for your child is to establish that the doctor who delivered your baby had a professional relationship with you and that he did not fulfill this duty during the birthing process. You can prove this by using medical records and hospital invoices. Your lawyer will also have to establish that the breach was responsible for your child's injuries.

Once you have the evidence, your attorney will send a set of demands to the malpractice insurers of the defendants. This document contains a thorough letter that describes the injuries your child sustained as well as supporting documents. The malpractice insurer will review the request, and then either accept or reject it. If the demand is denied the lawyer will file a lawsuit.

Your lawyer could suggest that in the event that a lawsuit is successful for birth injury, a part of the settlement or award be put into a special-needs fund. This will enable your child to access funds in the future for things like medicines physical therapy, home modifications.

Trials

In some instances lawyers will attempt for a settlement in order to settle the issue without going to court. A settlement is an agreement that is formal and resolves the matter and also provides compensation to the plaintiff.

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 injuries. Lawyers representing defendants will collect evidence on their own to disprove claims. The attorneys will then meet with each other to discuss a settlement amount. If no settlement can be reached the case will go to trial.

The trial process could last for months or even years to complete. It can be stressful, risky and painful for plaintiffs who have to relive the trauma of their child's birth trauma. The winner could receive an award of a significant amount. A losing party can file an appeal of the decision.

A birth injury lawyer with experience can make all the difference in your case. A lawyer can assist you to achieve the best possible outcome at every stage of the litigation process. From drafting the demand letters, to filing the lawsuits, discovery, settlement negotiation or appeals when necessary, a legal professional will ensure you get the best outcome. They can help you receive compensation that will alter your life and the lives of your family members. A lawyer can also help you establish a experts to back 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 followed when performing procedures. This includes the statute of limitations, which has a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed when evidence is still accessible and witnesses' memories remain 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 case can result in compensation for the victim's present and future medical expenses as well as lost wages due to working less to take care of their child, as well as emotional stress. In certain cases, the jury or judge may also award punitive damage to punish defendants for the most reckless of negligence.

Birth injuries victims should have a New York attorney familiar with these types of claims. They can investigate and collect evidence to make a case of negligence, negotiate a settlement, or even go to court if necessary. In some cases, a defendant might attempt to dismiss a suit by claiming that the statute of limitations has run out. A lawyer is able to determine if this is the case. If the situation involves a public hospital that is managed by local government agencies, whether federal or state-based, separate and potentially much shorter statute of limitation periods could be in effect.

Expert Witnesses

In the case of medical malpractice, experts can help judges and juries understand the evidence and the facts of the case. They can also provide expert or specialized opinions to help jurors to make a decision. They are able to offer their opinions because their knowledge is more reliable and precise than that of a layperson, or someone without medical training.

A legal representative can retain an expert witness to review medical records, give testimony and assist the lawyer to put together the case. The expert would then sign an affidavit and be present in court about their findings. An expert could be a hospital employee or health care provider from the defendant's institution or an outsider.

An expert's testimony should reflect the state of medical knowledge at the time of event in the case. The expert should not criticize any practice that is not in line with generally accepted practices or allow for performance that is in violation of those standards. Experts should provide deposition transcripts as well as courtroom testimony to be reviewed by a peer. They should not be a part of contracts where the fees for expert testimony are too high compared to their time and efforts involved.

Parents of children suffering from a severe birth injury law firms injury may seek compensation for future care that their child will require as well as past expenses they have already incurred to care for the child. A reliable lawyer can determine if negligence was the cause of the child's injury during birth and secure compensation that can alleviate the financial burden of the family.