Birth Injury Litigation

Birth injuries can cause serious disabilities and can affect the quality of life of your child. The medical treatments that they require can be costly and long.

A good lawyer can file your birth injury lawsuit and investigate the incident to gather evidence, present an argument for negligence and assist you in settlement negotiations or in court if necessary.

Settlements

In a majority of medical malpractice lawsuits, the plaintiff and defendant reach a settlement before the case is tried. This allows both parties to avoid expensive and stressful court costs, and provides the plaintiff with a guarantee of compensation. In the event that the trial is not able to be concluded, a jury will determine whether the defendants owe the plaintiff compensation and how much the amount they are required to pay.

The first step to receiving financial compensation for birth injuries for your child is to establish that the doctor who delivered your child had a professional relationship with you, and that he acted in breach of this obligation during the birthing process. You can do this by using medical documents and hospital invoices. Your lawyer will also have to establish that the breach led to the injuries of your child.

If you have the evidence, your lawyer will submit an offer to the defendants' malpractice carriers. This document includes a written statement detailing the injury suffered by your child as well as supporting documentation. The malpractice insurer will review the request, and either accept or reject it. If the demand is rejected, your lawyer will file a lawsuit.

In the event of a successful birth injury lawsuit your lawyer may suggest placing the proceeds of your settlement or award in a special needs trust. This will permit you to provide future funds to your child for things such as physical therapy, medicine, and home modifications.

Trials

In certain cases, lawyers will try to negotiate a settlement to resolve the matter without a court appearance. A settlement is a formal agreement that resolves the case and offers compensation to the plaintiff.

A lawyer's team will collect evidence to prove that medical professionals did not adhere to a high standard of care and caused injury. Lawyers for the defendants will also collect evidence to counter the claims. The attorneys will then meet with each other to discuss the amount of settlement. If a settlement isn't reached, then the case will be taken to court.

The trial process could take months or years to complete. Plaintiffs could suffer from pain, stress and danger as they revisit their child's birth injury trauma. The winner may be awarded a large award. But, a party that loses may appeal the decision.

An experienced birth injury attorney injury lawyer can make a huge difference in your case. A lawyer can guarantee the best result at every step of the litigation process, from drafting the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, when necessary, appeals. They can help you get life-changing compensation for your family's needs. A lawyer can also provide a network of expert witnesses to back your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred and fight for fair compensation.

Statute of Limitations

The medical profession has its own set of rules to be followed in all procedures. This includes the statute of limitations which has a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed when evidence is still available and witnesses' memories 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.

For victims of birth injuries the statute of limitations may be especially important. A successful lawsuit can offer compensation for the victim's present and future medical expenses as well as lost wages due to working less to care for their child, as well as emotional stress. In certain cases the judge or jury may also award punitive damages to punish defendants for extreme carelessness.

A New York attorney who is well-versed in birth injury claims should represent the victims. They can conduct an investigation and gather evidence to prove a case of negligence, negotiate a settlement, or even go to court if required. In certain instances an accused party may try to dismiss a lawsuit by asserting that the statute of limitations has expired. A lawyer should be able quickly determine if this is the situation. If the matter involves a hospital that is public that is operated by local government agencies, law whether federal or state-based the possibility of a separate and shorter statute of limitation periods could be in effect.

Expert Witnesses

In a medical malpractice case, expert witnesses help jurors and judges to understand evidence and facts in the case. They also offer professional or specific opinions to help jurors make a decision. They are allowed to make this claim because their knowledge and expertise is more precise and reputable than an average person or someone who has no medical training.

A lawyer may hire an expert witness to look over medical records, give a testimony, and aid the lawyer in putting together the case. The expert witness would then sign an affidavit as well as testify in court about their findings. An expert could be an employee of a hospital or health care professional at the institution of the defendant or an outsider.

The expert's testimony must reflect the current state of medical knowledge at the time. Experts should not denounce performance that falls within generally accepted practice standards, nor should they allow for performance that is in violation of those standards. Experts should be willing to provide deposition transcripts as well as courtroom testimony for peer review. They should not sign contracts where the fees for their expert testimony are excessively expensive in comparison to the time and effort.

Parents of a child who has suffered a severe birth trauma may seek damages to cover the cost they will incur for the care of their child, as well as any past expenses that were incurred. A reliable lawyer can determine if negligence was involved in the child's injury during birth and secure compensation that can alleviate the financial burden of families.