Birth Injury Litigation

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

A competent lawyer will file your lawsuit for birth injury, conduct an investigation into the incident, collect evidence, and make the case of negligence. They may represent you in settlement negotiations or in court, if required.

Settlements

In the majority of medical malpractice lawsuits, the defendant and plaintiff reach an agreement before the case is even tried. This allows both parties to avoid expensive and stressful court costs, and gives the plaintiff a guarantee of compensation. If a trial isn't feasible, a jury determines whether the defendants have a duty to pay compensation and how much.

The first step toward receiving financial compensation for your child's birth injury is proving that the doctor you hired to deliver your child had a an professional relationship with you and violated the duty of care during the birthing process. This can be accomplished with medical records and birth injury hospital bills. Your lawyer will have to find evidence that the breach led to the injury to your child.

If you have the evidence and your lawyer has it, they will send a demand package to the defendants' malpractice carriers. This document includes a letter detailing the child's injuries as well as supporting documentation. The malpractice insurance company will look over the request, and either accept or reject it. If the demand is denied, your lawyer will file suit.

In the event of an outcome in a galion birth injury lawsuit injury lawsuit your lawyer may suggest placing some of the settlement or award into a special trust for children with disabilities. This will allow you to give future funds to your child to cover things like physical therapy, medicine and home modifications.

Trials

In certain cases lawyers may try to negotiate a settlement to resolve the matter without having to go to court. A settlement offers financial compensation to a plaintiff and is a formal agreement that ends the matter.

A team of attorneys will gather evidence to show that medical professionals did not provide a high level of care and aggravated injuries. Lawyers for the defendants will also gather their own evidence to refute the claims. The attorneys will then sit down with each the other to negotiate the amount of settlement. If a settlement can't be reached the case will be sent to trial.

The trial process could take months or years to complete. Plaintiffs may suffer from pain, stress and risk as they relive their child's birth injury trauma. The winning side could be awarded a large verdict. But, a party that loses may appeal the decision.

A skilled birth injury lawyer can make a huge difference in your case. A lawyer can guarantee the best outcome at every stage of the litigation process, from drafting the demand letter, to filing the lawsuit or discovery, negotiation of settlement and trial, in the event of an appeal, if necessary. They can assist you in obtaining compensation that can change your life as well as the lives of your family members. A lawyer can help you establish a experts to back your claim. The legal team of Lipsitz Green will investigate the incident to determine what went wrong and fight for a reasonable amount of compensation.

Statute of Limitations

The medical profession has its own set of rules that must be followed in all procedures. This includes the statute of limitations, that imposes a deadline for filing lawsuits. This limit is set to ensure that claims are filed while physical evidence remains available and the memories of witnesses are 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 statute of limitations is crucial for birth injuries. A successful lawsuit could provide the compensation needed for future and ongoing medical expenses and lost wages resulting from the absence of work to take care of the child, as well as emotional anxiety. In certain cases, the jury or judge may also award punitive damage to punish defendants who have demonstrated excessive negligence.

Birth injuries victims should have an New York attorney familiar with these kinds of claims. They can conduct investigations and gather evidence to support a claim of negligence or negotiate a settlement or take the case to court if needed. In certain situations the defendant may attempt to dismiss a lawsuit saying that the time limit has expired. A lawyer will be able to swiftly determine whether this is the situation. If the case involves public hospitals, that are run by the state, local or federal authorities, a separate and possibly shorter time limit could apply.

Expert Witnesses

In the event of a medical malpractice case experts can help judges and juries understand evidence and facts in the case. They can also provide expert opinions or inferences to help them make a decision. They can make this claim because their knowledge and expertise is more detailed and reputable than the average person or one with no medical background.

A lawyer can engage an expert witness to review medical records, give a testimony, and assist the lawyer in putting together the case. The expert witness would then sign an affidavit and be present in court regarding their findings. An expert could be a hospital employee or health care provider at the institution of the defendant or an outsider.

Expert testimony should reflect the current state of medical knowledge at the time of the incident. Experts should not denounce performance that falls within generally accepted practice standards or condone performance that is outside of the standards. Experts should provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not enter into agreements where the fees for their expert testimony are disproportionately 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 future costs they'll incur to care for their child, as well as any previous expenses that may have been paid for. An experienced attorney can determine whether negligence was involved in the child's injury during birth injury lawsuit and can secure compensation to reduce the financial burden for the family.