Birth Injury Litigation

Birth injuries can cause severe disabilities that could affect your child's quality of life. The medical treatment they require can be expensive and lengthy.

A competent lawyer will file your lawsuit for birth injury, study the incident, collect evidence, and make a case of negligence. They may also represent you at settlement negotiations or in court if necessary.

Settlements

In a majority of medical malpractice lawsuits the plaintiff and defendant negotiate an agreement before the case is tried. Both parties can avoid high and stressful court costs and receive compensation for the plaintiff. If a trial is not possible, a jury decides whether the defendants have a duty to pay compensation and what amount.

The first step towards receiving financial compensation for a birth injury in your child is to prove the doctor who delivered your child had a professional relationship with you, and that he violated this duty during the birthing procedure. This can be accomplished using medical records and hospital bills. Your lawyer will also need to establish that the breach was responsible for your child's injuries.

If you have the evidence Your lawyer will then send a demand package to the defendants' malpractice insurance carriers. This document includes a written statement detailing the child's injuries and any supporting evidence. The malpractice insurer will review the request and decide whether to take it or leave it. If the demand is rejected by your lawyer, they will start a lawsuit.

Your attorney may recommend that in the event of a successful lawsuit to remedy birth injury, a part of the settlement or award is placed into a special needs fund. This will permit you to make future payments to your child to cover things like medicine, physical therapy, and home modifications.

Trials

In some instances, attorneys attempt to come to an agreement on how to settle the matter before going to court. Settlements provide an amount of money to the plaintiff and ends in an official agreement that concludes the matter.

A team of attorneys will gather evidence to show that medical professionals failed to meet the highest standards of care and caused injuries. Lawyers representing the defendants will also gather their own evidence to refute the claims. The attorneys will meet to negotiate for a settlement. If a settlement cannot be reached then the case will go to trial.

The trial process may take months or years to be completed. It can be stressful, risky, and painful for plaintiffs as they go through the trauma of their child's birth trauma. The winner could receive a large settlement. The losing side can file an appeal of the decision.

A birth injury lawyer with experience can make a huge difference in your case. A legal professional can help you get the best outcome through every step of the litigation process, from drafting the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, and when necessary, appeals. They can help you receive compensation that can change your life, and the lives of your family. A lawyer can provide you with a an expert network to support your claim. The legal team at Lipsitz Green will investigate the incident to determine what went wrong and fight for fair settlement.

Statute of Limitations

The medical profession has its own set of rules that must be adhered to in all procedures. This includes the statute of limitations which sets a deadline for birth Injury Lawyer filing lawsuits. This limitation is designed to ensure that claims are filed in the time physical evidence remains available and the memories of witnesses are fresh. Even if the lawsuit has an established legal foundation the case will be dismissed if it's filed after the statute of limitations has expired.

For victims of birth injuries the statute of limitations can be crucially important. A successful claim could result in compensation for the victim's current and future medical expenses as well as lost wages due to having to work in order to care for their child, and emotional distress. In some cases the judge or jury will also award punitive damages to punish defendants for committing a serious carelessness.

A New York attorney who is adept at defending birth injury law firm injuries is required to represent the victims. They can investigate and collect evidence to make a case of negligence or negotiate a settlement or go to court if needed. In certain situations an accused party may try to dismiss a lawsuit saying that the statute of limitations has expired. A lawyer can quickly determine if this is the situation. If the matter involves public hospitals which are operated by local, state, or federal government in addition, a separate and shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can help juries and judges understand the evidence and facts of a medical malpractice case. They can also provide specialized or professional opinions to assist jurors decide. They can make this claim because their knowledge and expertise is more thorough and trustworthy than the average person or one with no medical background.

Legal representatives can hire an expert witness to look over medical records, provide a testimony, and assist the lawyer in preparing the case. The expert would sign an affidavit, and then testify in the court. An expert could be an employee of a hospital or health care provider at the institution of the defendant or an outsider.

The testimony of an expert should reflect the state of medical knowledge at the time of the incident in the case. Experts should not denounce any practice that is not in line with generally accepted practice standards or accept any performance that is not in the scope of those standards. Experts should be prepared and able to provide transcripts from depositions or courtroom testimony to peers for review. They should not sign agreements that state that the costs for expert testimony are excessively expensive in comparison to the time and efforts involved.

Parents of children suffering from a severe birth injury lawsuit injury can seek damages for the future care that their child will require as well as past expenses they have already incurred for the care of the child. A lawyer who is committed can determine if negligence was at play in the birth injury, and then seek compensation to ease a family's financial burden.