Birth Injury Litigation

Birth injuries can result in serious disabilities that can affect your child's quality of life. The medical treatments they require could be costly and long.

A reputable lawyer can file your birth injury lawsuit and investigate the incident to gather evidence, present a case for negligence and assist you in settlement negotiations or at trial if necessary.

Settlements

In over 90% of medical malpractice cases, the plaintiffs and defendants agree to a settlement agreement before going to trial. This helps both parties avoid the burdensome and costly court costs, and also gives the plaintiff a promise of a fair settlement. If an agreement cannot be reached, a jury will determine whether the defendants are liable to pay the plaintiff any compensation and the amount of they must pay.

The first step to receive financial compensation for birth injuries in your child is proving the doctor who gave birth to your child had a professional relationship with you and that he breached this duty during the birthing process. This can be accomplished with medical records and hospital bills. Your lawyer will also need to gather evidence that the breach led to your child's injuries.

If you have the evidence and your lawyer has it, they will send an offer to the defendants' malpractice insurance carriers. The document contains a letter detailing the injury suffered by your child along with supporting documentation. The malpractice insurance company will look over the demand, and decide whether to accept or deny 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 part of your settlement or award in a special trust for children with disabilities. This will allow you to grant future funds to your child to cover things like physical therapy, medicine, and home modifications.

Trials

In certain instances lawyers will try to negotiate a settlement to resolve the matter without a court appearance. A settlement is an agreement in writing that settles the case and offers compensation to the plaintiff.

A team of attorneys will collect evidence to prove that medical professionals did not provide the standards of care and caused injury. Lawyers for defendants also gather their own evidence to counter assertions. The attorneys will then sit down with each and negotiate an amount for settlement. If a settlement isn't reached, the case will go to trial.

The trial process could take months or birth injury lawsuit years to take to. It can be stressful, dangerous and painful for plaintiffs who have to relive the trauma of their child's birth trauma. The winning side could be awarded a huge verdict. The losing side can appeal the decision.

A skilled lawyer for birth injuries can make a huge difference in your case. A lawyer can assist you to get the best possible outcome throughout the litigation process. From the writing of the demand letters, to filing the lawsuits or discovery, settlement negotiation and appeals, as well as trials should they be required a lawyer will ensure the highest possible outcome. They can help you obtain compensation that will change your life and the lives of your family members. A lawyer can also offer an expert witness network to back your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for a fair amount of compensation.

Statute of limitations

Medical professionals have their own set of rules to adhere to when conducting procedures. This includes the statute of limitations that imposes a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed while evidence is still available and witnesses' memories are still fresh. Even if the lawsuit has a solid legal basis the case will be dismissed if it's filed after the statute of limitations has expired.

For birth injury attorneys injury victims the statute of limitations can be crucially important. A successful claim can provide compensation for the victim's current and future medical expenses as well as lost wages due to having to work in order to take care of their child, as well as emotional anxiety. In some cases, the juror or judge could also award punitive damages to punish defendants who have shown extreme negligence.

Victims of birth injuries must have a New York attorney familiar with these kinds of claims. They are able to investigate the incident and collect evidence, build an argument for negligence and settle the case or go to trial if necessary. In some cases, a defendant might attempt to dismiss a lawsuit by arguing that the time limit has expired. A lawyer is able to determine if this is the case. If the case involves public hospitals which are managed by local, state or federal authorities there is a separate and much shorter statute of limitations could be in place.

Expert Witnesses

In the case of medical malpractice, experts can help jurors and judges understand the evidence and the facts in the case. They may also offer specialized or professional opinions to help jurors make a decision. They are permitted to do this because their experience and expertise is more detailed and trustworthy than a layperson or someone who has no medical training.

A legal representative can retain an expert witness to review medical records, give an opinion and help the lawyer to put together the case. The expert witness would then sign an affidavit and be present in court about their findings. An expert could be an employee of the defendant's hospital or health care system, or someone outside of the institution.

The expert's testimony must reflect the current state of medical knowledge at the time of the hearing. The expert should not condemn performance that falls within generally accepted practice standards, nor should they allow for performance that is in violation of the standards. Experts should be willing to submit transcripts of depositions and courtroom testimony for peer review. They should not sign contracts in which the fees for their expert testimony are disproportionately high in relation to their time and effort involved.

Parents who have a child suffering from a severe birth injury may seek damages for the future care that the child will require as well as past expenses that they have already paid for the care of the child. An experienced attorney can determine whether negligence was involved in the child's injuries at birth and secure compensation that can help ease the financial burden of the family.