Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact your child's quality of living. Medical treatments can be expensive and long.

A competent lawyer can file your birth injury lawsuit, investigate the incident and gather evidence, build the case for negligence, and represent you in settlement negotiations or in court if needed.

Settlements

In over 90% of medical malpractice cases, plaintiffs and defendants come to an agreement for settlement prior to the case going to trial. This allows both parties to save money and stress-inducing court costs, and also gives the plaintiff a guarantee of a fair settlement. In the event that there is no trial the jury will decide whether the defendants owe the plaintiff compensation and how much the amount they are required to pay.

The first step in obtaining the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your baby had a an professional relationship with you, and he violated that obligation during the birthing process. You can prove this using medical documents and hospital invoices. Your lawyer will also need to establish that the breach was responsible for your child's injuries.

If you have evidence, your attorney will send a set of demands to the malpractice insurance carriers of the defendants. The demand package will contain a comprehensive letter detailing the injuries suffered by your child as well as supporting documents. The malpractice insurance company will go through the request and either accept it or reject it. If the demand is rejected by your lawyer, they will file a lawsuit.

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

Trials

In certain cases, attorneys may try to come to an agreement on how to settle the issue prior to going to court. Settlements offer an amount of money to the plaintiff and results in an official agreement that settles the matter.

An attorney's team will gather evidence to prove that medical professionals didn't meet a certain standard of care and caused an injury. Lawyers for defendants also gather evidence of their own to disprove assertions. The attorneys will then meet one and negotiate an amount for settlement. If a settlement cannot be reached, the case will be taken to the court.

The trial process may take months or years to take to. Plaintiffs might experience stress, pain and even risk when they recall the trauma of their child's birth. The winning party may receive a substantial amount. The losing party can appeal the decision.

A birth injury lawyer with years of experience can make all the difference in your case. A lawyer can assist you to get the best possible result throughout the litigation process. From the writing of the demand letters to filing lawsuits and discovery, settlement negotiations or appeals, if necessary an attorney will ensure the highest possible outcome. They can help you obtain compensation that will change your life and that of your family members. A lawyer can connect you to a a network of experts to back your claim. The legal team at 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 in their procedures. This includes the statute of limitation, which sets a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories are still fresh. Even if the suit has a solid legal basis it will be dismissed if filed after the statute has expired.

The statute of limitations is crucial for those suffering from birth injuries. A successful claim can provide compensation for the victim's current and future medical expenses, lost wages due to being away from work to care for their child, as well as emotional stress. In certain cases, the jury or judge may also award punitive damage to punish defendants who have shown excessive negligence.

A New York attorney who is familiar with birth injury claims should represent victims. They can conduct an investigation and gather evidence to make a case of negligence, negotiate a settlement, or even go to court if necessary. In certain instances, a defendant might attempt to dismiss a lawsuit by saying that the time limit has expired. A lawyer can quickly determine when this is the case. If the case involves a public hospital that is operated by local government, state or federal authorities the possibility of a separate and shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and the facts of the medical malpractice case. They can also offer professional or specific 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 who has no medical education.

A lawyer can engage an expert witness to look over medical records, provide a testimony, and assist the lawyer in putting together the case. The expert witness would then sign an affidavit as well as testify in court about their findings. An expert can be a hospital employee or health care provider at the defendant's facility, or an outsider.

The testimony of an expert should reflect the current state of medical knowledge at the time of event in the case. The expert should not condemn the performance that is within generally accepted practice standards, nor should they condone performance that is outside of those standards. Experts should be prepared and able to send transcripts of depositions and courtroom testimony to their peers for review. They should not enter into contracts in which the fees for their expert testimony are excessively high in relation to the time and effort involved.

Parents of a child that has suffered a severe birth trauma can seek damages to cover the cost they'll have to pay for their child's medical care, as well as any previous expenses that may were that they have incurred. An experienced attorney can determine if negligence was involved in the child's injury at birth and obtain compensation that will help ease the financial burden of the family.