Birth Injury Litigation

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

A competent lawyer will bring a birth injury lawsuit to investigate the incident, gather evidence, build the case for negligence, and also represent you in settlement negotiations or at trial if necessary.

Settlements

In more than 90 percent of medical malpractice cases, plaintiffs and defendants come to an agreement to settle the case before the case goes to trial. This helps both parties save money and stress-inducing court fees, and it provides the plaintiff with a guarantee of compensation. If a trial isn't possible, a jury decides whether the defendants have a duty to pay compensation and how much.

The first step towards 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 he violated the duty of care during the birthing process. This can be accomplished using medical documents and hospital bills. Your lawyer must prove that the breach led to the injuries to your child.

If you have evidence, your attorney will present a complete set of demands to the malpractice insurance carriers of the defendants. This document contains a thorough letter that outlines the child's injuries along with supporting documents. The malpractice insurer will examine the request, and then either decide whether or not to accept it. If the demand is rejected, your lawyer will bring a lawsuit.

Your lawyer could suggest that, in the event that a lawsuit is successful for birth injuries, a portion of the settlement or award be placed in a special needs fund. This will allow your child to use the funds for things such as medicine physical therapy, home modifications.

Trials

In some instances lawyers will try to negotiate a settlement to resolve the matter without having to go to court. A settlement is an agreement in writing that settles the case and offers compensation to the plaintiff.

A team of lawyers will collect evidence to prove that medical professionals did not meet the highest standards of care and caused injury. Lawyers representing the defendants will also collect evidence to refute the claims. The attorneys will meet to discuss an agreement. If a settlement can't be reached the case will go to trial.

The trial process could take months or years to be completed. Plaintiffs may experience stress, pain and danger as they revisit the trauma of their child's Birth injury law firms. The winning party may receive a large award. The losing side may appeal the decision.

A birth injury lawyer with experience can make all the difference in your case. A legal professional can help you get 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, or when necessary, appeals. They can help you receive compensation that will change your life and the lives of your family. A lawyer can also help you establish a experts to back your claim. The legal team of Lipsitz Green will investigate the case to determine the cause and fight for reasonable amount of compensation.

Statute of limitations

Medical professionals have their own set of rules to follow in their procedures. These include the statute of limitations which imposes a time limit for filing lawsuits. This limit is intended to ensure that claims can be filed when evidence is still accessible and witnesses' memories remain fresh. A lawsuit filed after the time limit has expired is dismissed even the case has a solid legal basis.

For birth injury victims, the statute of limitations could be particularly crucial. A successful claim can provide compensation for the victim's current and future medical expenses and lost wages resulting from having to work in order to care for their child, as well as emotional anxiety. In certain instances, the jury or judge may also award punitive damages to punish defendants who have displayed the most reckless of negligence.

A New York attorney who is experienced in birth injury claims should represent victims. They can conduct investigations and gather evidence to establish a case of negligence, negotiate a settlement, or even go to court if required. In some cases an accused party may try to dismiss a lawsuit claiming that the time limit has expired. A lawyer should be able to quickly determine whether this is the case. If the case involves public hospitals which are operated either by the state, local or federal government in addition, a separate and much shorter statute of limitations may apply.

Expert Witnesses

In a medical malpractice case, expert witnesses can assist jurors and judges to understand evidence and facts in the case. They can also offer expert or specialized opinions and inferences to help them make the right decision. They are permitted to do this because their experience and expertise is more detailed and reputable than the average person or one who has no medical education.

Legal representatives can enlist an expert witness to examine medical records, provide testimony and assist the lawyer put together the case. The expert would then be required to sign an affidavit, and testify in court about their findings. An expert could be an employee of the defendant's hospital or health care system, or a person who is not employed by the institution.

The testimony of an expert should reflect the current state of medical knowledge at the time of the event in the case. Experts should not rebuke the performance that is within generally accepted practices or accept any performance that is not in the scope of the standards. Experts should provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not sign contracts that state that the costs for expert testimony are too high compared to their time and effort.

Parents of children suffering from a severe birth injury may be able to claim damages for the future medical care the child will require and for any previous expenses they have already incurred for the care of the child. A reliable attorney can determine if negligence was the cause of the child's injury at birth and obtain compensation that will help ease the financial burden of the family.