Birth Injury Litigation

Birth injuries can cause severe disabilities and impact the quality of life of your child. The medical treatment they require can be expensive and lengthy.

A competent lawyer can file your birth injury lawsuit to investigate the incident, gather evidence, build a case for negligence and represent you during settlement negotiations or at trial should it be necessary.

Settlements

In the majority of medical malpractice lawsuits, the plaintiff and defendant reach an agreement prior to the case is even tried. Both parties are able to avoid the 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 are liable to pay the plaintiff compensation and how much money they should pay.

The first step toward receiving the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your baby had a an established professional relationship with you and breached that duty during the birthing process. You can prove this by using medical records and hospital invoices. Your lawyer will have to prove that the breach was responsible for the injuries to your child.

Once you have the evidence, your attorney will then submit a list of demands to the malpractice insurance carriers of the defendants. This document contains a thorough letter detailing the injuries suffered by your child along with any supporting documents. The malpractice insurance company will review the demand, and decide whether to accept or deny it. If the demand is rejected your lawyer will file a lawsuit.

If you are the victim of a successful birth injury lawsuit the attorney you consult with may recommend placing some of the settlement or award in a special needs trust. This will allow your child to access funds in the future for things like medicines physical therapy, home modifications.

Trials

In certain cases, attorneys may try to reach an agreement to settle the matter before going to court. A settlement is an agreement in writing that settles a case and provides compensation to the plaintiff.

A team of lawyers will gather evidence to show that medical professionals did not meet the highest standards of care and caused injury. The lawyers representing the defendants will also gather their own evidence to counter the claims. The attorneys will then sit down with each the other to negotiate the amount of settlement. If a settlement is not reached, then the case will be taken to the court.

The trial process can take months or even years to be completed. It can be a stressful, risky and painful for plaintiffs, as they experience the trauma of their child's birth trauma. The winning party could win an award of a significant amount. The losing party can appeal the decision.

A skilled lawyer for birth injuries can make a huge difference in your case. A legal professional can help you get the best outcome at every step of the litigation process, from writing the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, and in the event of an appeal, if necessary. They can assist you in getting life-changing compensation for your family's needs. A lawyer can also offer experts to support your claim. The legal team at Lipsitz Green will investigate your case 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 in all procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed when physical evidence remains available and witnesses' memories are fresh. Even if the lawsuit has a solid legal foundation, it will be dismissed if it's filed after the statute has expired.

For victims of birth injuries, the statute of limitations may be especially important. A successful lawsuit can offer compensation for the victim's current and future medical expenses as well as lost wages due to being away from work to take care of their child, and emotional anxiety. In certain cases a judge or jury will also award punitive damages intended to penalize defendants who have committed a grave inattention to detail.

A New York attorney who is adept at defending birth injuries should represent victims. They are able to investigate the incident and collect evidence, build a case for negligence and reach a settlement or go to trial if necessary. In some instances an accused party may try to dismiss a case by claiming that the statute of limitations has expired. A lawyer will be able determine quickly if this is the situation. If the situation involves public hospitals which are operated either by the state, local or federal governments in addition, a separate and much shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can assist juries and judges better understand the evidence and the facts of the medical malpractice case. They can also offer expert or professional opinions and conclusions to help them make an informed decision. They are allowed to do so because their expertise is more reliable and detailed than that of a layperson, or someone who is not trained in medical sciences.

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 would then be required to sign an affidavit and be present in court regarding their findings. An expert could be an employee of the defendant's hospital or health care system, or an individual outside that institution.

The expert's opinion must reflect the current state of medical knowledge in the case at the time of the hearing. The expert should not condemn actions that fall within generally accepted practice standards or allow for performance that is in violation of the standards. Experts should be prepared and able to submit transcripts from depositions or courtroom testimony to their peers for birth injury lawsuit review. They should not sign agreements in which the costs for their expert testimony are disproportionately expensive in comparison to the time and effort involved.

Parents of a child that has suffered a severe birth trauma may seek damages to cover the cost they'll have to pay for their child's care and any expenses that were caused. A determined attorney can determine whether negligence was involved in the child's injuries at birth and can secure compensation to alleviate the financial burden of families.