Birth Injury Litigation

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

A competent lawyer will file your lawsuit for birth injury, investigate the incident, gather evidence, and build an argument for negligence. They can assist you in settlement negotiations or in court, if required.

Settlements

In the majority of medical malpractice lawsuits the plaintiff and defendant reach a settlement before the case is heard. This helps both parties avoid the burdensome and costly court costs, and also provides the plaintiff with a guarantee of compensation. If a trial isn't feasible, a jury will decide whether the defendants are liable to pay compensation and in what amount.

The first step to receiving financial compensation for birth injuries for your child is to establish that the doctor who gave birth to your baby had a professional relationship with you, and that he breached this obligation during the birthing procedure. This can be accomplished with medical records and hospital bills. Your lawyer will have to find evidence that the breach was responsible for your child's injuries.

If you have the evidence Your lawyer will then send a demand form to the defendants' malpractice carriers. This document includes a detailed letter detailing the injuries suffered by your child along with any supporting documents. The malpractice insurer will examine the request and either accept it or reject it. If the demand is denied your lawyer will file a lawsuit.

Your lawyer may suggest that, in the case of a successful lawsuit involving birth injury, a portion of the settlement or award be placed in a special needs fund. This will permit your child to access future funds for things like medicines, physical therapy and home modifications.

Trials

In certain instances lawyers will try for a settlement in order to settle the issue without having to go to court. A settlement provides an amount of money to the plaintiff and ends in an official agreement that concludes the matter.

An attorney's team will gather evidence to show that medical experts didn't adhere to a strict standard of care, causing an injury. Lawyers for the defendants also gather evidence to counter the claims. The attorneys will then meet with each the other to negotiate an amount for settlement. If a settlement isn't reached, birth injuries then the case will be taken to court.

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

A skilled birth injury attorneys injury lawyer can make all the difference in your case. A lawyer can guarantee the best result at every stage of the litigation process, from drafting the demand letter to filing the lawsuit and discovery, settlement negotiations and trial, or when necessary, appeals. They can help you obtain an award that will change your life for your family's requirements. A lawyer can provide you with a an expert network to back 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

Medical professionals have their own set of rules to follow during procedures. This includes the statute of limitations which sets a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed when evidence is still available and witnesses' memories remain fresh. Even if a lawsuit has an established legal foundation the case will be dismissed if filed after the statute of limitations has expired.

The statute of limitations can be crucial for birth injuries. A successful claim can provide compensation for the victim's present and future medical expenses or lost wages as a result of working less to take care of their child, and emotional distress. In certain cases, a jury or judge may also award punitive damages intended to punish defendants for extreme negligence.

The victims of birth injuries should have a New York attorney familiar with these kinds of claims. They can conduct an investigation and gather evidence to prove a case of negligence or negotiate a settlement or even go to court if necessary. In certain instances, a defendant might attempt to dismiss a lawsuit by arguing that the statute of limitations has run out. A lawyer should be able quickly determine whether this is the case. If the case involves a public health facility that is run by local, state or federal governments there could be separate and shorter statute of limitations may be in effect.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and the facts of the medical malpractice case. They can also offer professional or expert opinions that help the jury decide. They are permitted to make this claim because their knowledge and expertise is more precise and reputable than the average person or one who has no medical education.

Legal representatives can hire an expert witness to examine medical records, provide a testimony and help the lawyer with the case. The expert would then sign an affidavit and testify in court regarding their findings. An expert can be a hospital employee, health care professional at the defendant's facility or an outsider.

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 criticize any practice that is not in line with generally accepted practice standards or support performance that is outside of the standards. Experts should be willing and able to submit transcripts from depositions or courtroom testimony to their peers for review. They should not sign contracts where the fees for their expert testimony are unreasonably high in relation to the time and effort.

Parents of children who has suffered a serious birth injury can seek damages for the future medical care the child will require as well as past costs they've already paid to provide care for the child. A lawyer who is committed will determine if negligence was the cause of a child's birth injury and obtain compensation to ease the family's financial burden.