Birth Injury Litigation

Birth injuries can cause serious disabilities that can affect your child's quality of life. The medical treatments that they require can be costly and time-consuming.

A competent lawyer will file your birth injury lawsuit to investigate the incident, collect evidence, make an argument for negligence and represent you during settlement negotiations or at trial should it be necessary.

Settlements

In a majority of medical malpractice lawsuits, the plaintiff and defendant agree to an agreement prior to the case is tried. Both parties are able to avoid the expensive and stressful court fees and receive compensation for the plaintiff. If a trial isn't possible, a jury decides whether the defendants are liable to pay compensation and how much.

The first step in obtaining financial compensation for a birth injury in your child is to prove the doctor who gave birth to your baby had a professional relationship with you and that he did not fulfill this duty during the birthing procedure. You can prove this using medical documents and hospital invoices. Your lawyer will have to collect evidence that the breach led to your child's injuries.

Once you have this 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 review the request and decide whether to decide whether to accept or deny it. If the demand is rejected by your lawyer, they 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 enable you to grant future funds to your child to cover things like physical therapy, medicine, and home modifications.

Trials

In some instances, lawyers will try for a settlement in order to resolve the matter without a court appearance. A settlement is an agreement that is formal and resolves a dispute and pays compensation to the plaintiff.

A team of lawyers will gather evidence to prove that medical professionals did not meet the requirements for a high standard of care, causing injury. The lawyers representing the defendants will also gather evidence to refute the claims. The attorneys will meet to negotiate for a settlement. If a settlement isn't reached the case will go to trial.

The trial process could take months, or years to be completed. It can be a stressful, risky and painful for plaintiffs as they relive the trauma of their child's birth trauma. The winning side may be awarded a large verdict. But, a party that loses can file an appeal of the decision.

An experienced birth injury lawyer can make a huge difference in your case. A legal professional can ensure the best possible outcome through each stage of the litigation process, from drafting the demand letter to filing the lawsuit and discovery, settlement negotiations and trial, and in the event of an appeal, if necessary. They can help you get compensation that will alter your life as well as the lives of your family members. Lawyers can also provide a network of expert witnesses to support 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 to adhere to in their procedures. This includes the statute of limitations that imposes a deadline for filing lawsuits. This limit is designed to ensure that claims are filed in the time evidence in the physical remains and the memories of witnesses are fresh. A lawsuit filed after the deadline for filing a lawsuit has passed is dismissed even in the event that it has a solid legal basis.

For birth injury lawyers injury victims the statute of limitation could be particularly crucial. A successful lawsuit can offer compensation for the victim's present and future medical expenses as well as lost wages due to being away from work to take care of their child, as well as emotional distress. In certain circumstances, a judge or jury could also award punitive damages to punish defendants who have displayed excessive negligence.

Victims of birth injuries must have a New York attorney familiar with these types of claims. They can investigate and collect evidence to establish a case of negligence or negotiate a settlement or go to court if needed. In some cases there is a possibility that a defendant will attempt to dismiss a lawsuit by saying that the time limit has expired. A lawyer is able to determine if this is the case. If the case involves public hospitals, that are run by local, state or federal governments, a separate and possibly shorter statute of limitations could apply.

Expert Witnesses

In the case of medical malpractice, expert witnesses can assist jurors and judges to understand the evidence and the facts in the case. They may also offer expert or specialized opinions to help jurors to make a choice. They are allowed to do this because their knowledge and expertise is more thorough and reputable than an average person or someone who has no medical education.

A lawyer can engage an expert witness who will review medical records, give an opinion and help the lawyer to put together the case. The expert will then sign an affidavit, and testify in court about their findings. An expert can be a hospital employee, health care provider from the defendant's establishment or an outsider.

The expert's report must reflect the current medical knowledge in the case at the time of the hearing. Experts should not rebuke performance that falls within the generally accepted standards of practice or allow for performance that is in violation of those standards. Experts should submit transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign agreements where the fees for their expert testimony are inordinately high in relation to their time and effort involved.

Parents who have a child who has suffered a serious birth injury may seek damages for the future care that the child will require, as well as past expenses they have already paid for the care of the child. A lawyer who is committed will determine if negligence was at play in the birth injury and secure compensation to ease the family's financial burden.