Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact your child's quality of life. Medical treatments can be expensive and take a long time.

A good lawyer will file a lawsuit for birth injury, study the incident, collect evidence, and build an argument for negligence. They may also represent you at settlement negotiations or in court if needed.

Settlements

In over 90% of medical malpractice cases, plaintiffs and defendants sign an agreement on settlement before going to trial. Both parties will avoid costly and stressful court fees and receive compensation for the plaintiff. If the trial is not able to be concluded the jury will decide whether the defendants owe plaintiff compensation and how much money they should pay.

The first step in obtaining financial compensation for a birth injury in your child is proving the doctor who delivered your baby had a professional relationship with you and that he did not fulfill this obligation during the birthing process. This can be accomplished through medical documents and hospital bills. Your lawyer will have to prove that the breach caused your child's injuries.

Once you have this evidence and your lawyer has it, they will send an order package to defendants' malpractice insurance carriers. This document contains a thorough letter detailing the injuries suffered by your child along with supporting documents. The malpractice insurer will examine the demand, and decide whether or not to accept it. If the demand is denied, your lawyer will file suit.

If you are the victim of a successful birth injury lawsuit, your attorney may recommend placing some of the settlement or award into a special needs trust. This will permit your child to access funds in the future for things such as medicine physical therapy, home modifications.

Trials

In some cases, lawyers will attempt to find a solution to the issue prior to going to court. A settlement is an agreement formalized that resolves a dispute and pays compensation to the plaintiff.

A team of attorneys will gather evidence to prove that medical professionals did not provide the requirements for a high standard of care and caused injury. Lawyers representing defendants will collect evidence on their own to counter claims. The attorneys will then meet one other to discuss an amount for settlement. If a settlement is not reached, the case will be taken to court.

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

A birth injury lawyer with experience can make a significant difference in your case. A lawyer can assist you to obtain the best outcome at every stage of the litigation process. From the creation of demand letters, to filing the lawsuits or discovery, settlement negotiations and appeals, as well as trials when necessary, a legal professional can ensure the most favorable outcome. They can assist you in obtaining the life-changing amount of compensation your family requirements. A lawyer can connect you to a 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 limitation which establishes a deadline for filing lawsuits. This limitation is designed to ensure that claims are filed when physical evidence remains available and the memories of witnesses are fresh. Even if the lawsuit is based on an established legal foundation the case will be dismissed if filed after the statute of limitations has expired.

The statute of limitations can be important for victims of birth injuries. A successful claim could result in compensation for the victim's present and future medical expenses as well as lost wages due to working less to care for their child, as well as emotional stress. In certain cases, the judge or jury may also award punitive damage to punish defendants who have displayed the most reckless of negligence.

A New York attorney who is familiar with birth injury claims should represent the victims. They can investigate the accident and gather evidence, create a case for negligence and reach a settlement or go to trial if needed. In certain situations there is a possibility that a defendant will attempt to dismiss a lawsuit asserting that the time limit has expired. A lawyer will be able to swiftly determine whether this is the case. If the case involves a public health facility that is operated by local government agencies, whether federal or state-based in a different and possibly shorter time-limits may apply.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and the facts of the medical malpractice case. They may also offer expert or specialized opinions to assist jurors decide. They are permitted to do this because their experience and expertise is more specific and reliable than a layperson or someone who is not a medical professional.

Legal representatives can hire an expert witness to examine medical records, provide a testimony and help the lawyer in putting together the case. The expert will then sign an affidavit and be present in court about their findings. An expert could be an internal employee of the defendant's hospital or health care system, or an individual outside of the institution.

The expert's testimony must reflect the current medical knowledge at the time. The expert should not criticize performance that falls within generally accepted practice standards or condone performance that is outside of those standards. Experts should be able to provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign any contracts where the fees for expert testimony are excessively high in comparison to the time and efforts involved.

Parents who have a child who has suffered a serious birth injury can seek compensation for future care that the child will require, birth injury in addition to any past costs they've already paid to provide care for the child. An experienced lawyer can determine if negligence caused the child's injury at birth and secure compensation that can alleviate the financial burden of a family.