Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact the quality of life of your child. The medical treatments they require could be expensive and lengthy.

A competent lawyer will file your birth injury lawsuit, investigate the incident and collect evidence, make an argument for negligence and also represent you in settlement negotiations or in court if 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 can avoid the costly and stressful court fees and receive compensation for the plaintiff. If a trial is not possible, a jury can decide whether the defendants are responsible to compensate the plaintiff and how much.

The first step in obtaining the financial compensation you deserve for your child's birth injury is proving that the doctor you hired to deliver your baby was in an official relationship with you and violated the duty of care during the birthing procedure. You can do this by using medical documents and hospital invoices. Your lawyer will also have to establish that the breach resulted in the injuries to your child.

Once you have this evidence, your lawyer will submit a demand form to the defendants' malpractice carriers. The document contains a letter detailing the child's injuries and any supporting evidence. The malpractice insurer will review the request, and then either accept or reject it. If the demand is rejected then your lawyer will file a lawsuit.

If you are the victim of a successful birth injury lawsuit your lawyer may suggest placing the proceeds of your settlement or award in a special trust for children with special needs. This will enable your child to have access to future funds for things like medicines, physical therapy and home modifications.

Trials

In some cases, attorneys may try to come to an agreement on how to settle the issue before going to court. A settlement offers financial compensation to a plaintiff and ends in an official agreement that settles the case.

An attorney's team will seek evidence to prove medical professionals did not adhere to a high standard of care, causing an injury. Lawyers for defendants also collect evidence on their own in order to refute allegations. The attorneys will meet to discuss the terms of a settlement. If a settlement cannot be reached the case will be sent to trial.

The trial process can be lengthy or take years to take to. Plaintiffs could be afflicted with pain, stress and anxiety as they try to relive their child's birth injury law firms injury trauma. The winning side may receive a large settlement. But, a party that loses could appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. Legal professionals can guarantee the best outcome through every step of the litigation process, from the drafting of the demand letter to filing the lawsuit, discovery, settlement negotiations and trial, in the event of an appeal, if necessary. They can help you obtain compensation that will change your life and the lives of your family members. A lawyer can also offer a network of expert witnesses to support your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for a fair settlement.

Statute of Limitations

Medical professionals have their own set of rules that they must follow in their procedures. This includes the statute of limitations, that imposes 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 lawsuit is based on a solid legal basis it is dismissed if it is filed after the statute has expired.

For birth injury victims, the statute of limitations could be particularly crucial. A successful case could result in the right to compensation for future and present medical expenses loss of wages due to the inability to work in order to care for the child, and emotional anxiety. In some cases the judge or jury will also award punitive damages to punish defendants for committing a serious inattention to detail.

A New York attorney who is familiar with birth injury claims is required to represent the victims. They can conduct investigations and gather evidence to establish a case of negligence or negotiate a settlement or go to court when necessary. In some cases the defendant could try to dismiss a lawsuit claiming that the statute of limitations is over. A lawyer will be able to swiftly determine if this is the case. If the situation involves public hospitals which are operated by local, state or federal authorities in addition, a separate and shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and facts of a medical malpractice case. They can also offer expert or specialized opinions to help the jury to make a decision. They are permitted to offer their opinions because their expertise is more reputable and detailed than that of a layperson, or someone who has no medical education.

A legal representative can retain an expert witness who will review medical records, give testimony and assist the lawyer to put together the case. The expert would then sign an affidavit and testify in court regarding their findings. An expert could be an internal employee of the defendant's hospital, health care system, or an individual who is not employed by the institution.

An expert's report should reflect the state of medical knowledge at the time of event in the case. The expert should not criticize any practice that is not in line with generally accepted practices or accept any performance that is not in the scope of the standards. Experts should be willing to provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not enter into agreements in which the costs for their expert testimony are inordinately high relative to their time and effort.

Parents of children with a severe birth injury may claim damages for the future care that the child will require in addition to any past expenses that they have already paid for the care of the child. A reliable attorney can determine whether negligence was involved in the child's birth injury and can secure compensation to reduce the financial burden for families.