Birth Injury Litigation

Birth injuries can lead to severe disabilities and impact the quality of life for your child. Medical treatments can be costly and lengthy.

A competent lawyer will bring a birth injury lawsuit and investigate the incident to gather evidence, present the case for negligence, and assist you in settlement negotiations or in court should it be necessary.

Settlements

In a majority of medical malpractice lawsuits the defendant and plaintiff reach an agreement prior to the case goes to trial. Both parties will avoid expensive and stressful court fees and receive compensation for the plaintiff. If a trial isn't feasible, a jury determines whether the defendants are accountable to compensate the plaintiff and how much.

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

If you have the evidence the lawyer will then submit an offer to the defendants' malpractice carriers. This document includes a detailed letter describing your child's injuries along with any supporting documents. The malpractice insurer will examine the request and decide whether to decide whether or not to accept it. If the demand is rejected the lawyer will start a lawsuit.

Your attorney may recommend that in the case of a successful lawsuit for birth injuries, a percentage of the settlement or award is put into a special needs fund. This will permit you to provide future funds to your child for things like physical therapy, medicine and home modifications.

Trials

In some cases, attorneys will attempt to come to an agreement on how to settle the issue prior to going to court. Settlements provide financial compensation to a plaintiff and ends in an official agreement that settles the matter.

An attorney's team will collect evidence to prove medical professionals didn't meet a high standard of care and triggered an injury. Lawyers for the defendants also collect evidence to refute the claims. The attorneys will then meet one other to negotiate an amount for settlement. If no settlement can be reached, the case will go to trial.

The trial process can take months or years to complete. Plaintiffs can experience stress, pain and anxiety as they try to relive the trauma of their child's birth. The winning party could win an enormous amount. The losing party can appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can assist you to get the best possible outcome at every stage of the litigation process. From drafting the demand letters to filing lawsuits or discovery, settlement negotiation or appeals If necessary, a legal professional will ensure the highest possible outcome. They can assist you in getting life-changing compensation for your family's requirements. A lawyer can also offer experts to back your claim. The legal team at Lipsitz Green will investigate your claim to determine how the injury occurred and fight for fair compensation.

Statute of limitations

Medical professionals have their own set of rules they must adhere to in their procedures. These include the statute of limitations which has a time limit for filing lawsuits. This limitation is intended to ensure that claims are filed when physical evidence remains available and the memories of witnesses are fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed can be dismissed even when it has a solid legal basis.

The statute of limitations is important for victims of birth injuries. A successful claim could result in compensation for the victim's current and future medical expenses or lost wages as a result of having to work in order to care for their child, and emotional anxiety. In some cases a judge or jury will also award punitive damages to punish defendants for their extreme negligence.

A New York attorney who is adept at defending birth injuries should represent the victims. They are able to investigate the incident and collect evidence, build an argument for negligence and seek a settlement or go to trial if necessary. In some cases, a defendant might attempt to dismiss a lawsuit by saying that the statute of limitations has run out. A lawyer should be able quickly determine if this is the situation. If the case involves a public health facility that is operated by local, state or federal governments, separate and potentially much shorter statute of limitation periods could apply.

Expert Witnesses

In a medical malpractice case, experts are able to help jurors and judges to understand the evidence and the facts in the case. They can also offer expert opinions or inferences that can help them make the right decision. They are permitted to offer their opinions because their expertise is more reliable and precise than those of a layperson or someone who is not trained in medical sciences.

Legal representatives can hire an expert witness who will review medical records, give testimony and assist the lawyer put together the case. The expert will sign an affidavit and then give evidence in the court. An expert could be an internal employee of the defendant's hospital, health care system, or a person outside of the institution.

An expert's testimony should reflect the current state of medical knowledge at the time of incident. Experts should not denounce any practice that is not in line with generally accepted practice standards, nor should they accept any performance that is not in the scope of the standards. Experts should provide deposition transcripts and courtroom testimony for peer review. They should not sign contracts that state that the costs for expert testimony are too high compared to their time and efforts involved.

Parents of children who suffers a serious birth injury can seek compensation for future medical care their child will require and also for past costs they've already paid for the care of the child. A steadfast attorney can determine whether negligence was involved in the child's injury during birth and secure compensation that can help ease the financial burden of the family.