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 take a long time.

A competent lawyer will file your lawsuit for birth injury, conduct an investigation into the incident, gather evidence, and make an argument of negligence. They can also represent you at settlement negotiations or in court, if required.

Settlements

In the majority of medical malpractice lawsuits the plaintiff and defendant agree to a settlement prior to the case is tried. Both parties can avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial is not feasible, injury a jury will decide whether the defendants are accountable to compensate the plaintiff and how much.

The first step towards receiving the financial compensation you deserve for your child's birth injury is proving that the doctor you hired to deliver your baby had an official relationship with you, and he violated the duty of care during the birthing procedure. This can be done with medical records and hospital bills. Your lawyer will need to gather proof that the breach led to your child's injuries.

If you have evidence, your lawyer will submit a package of demands to the malpractice insurance companies of the defendants. This document includes a letter detailing your child's injuries, and any supporting evidence. The malpractice carrier will then examine the request and either take it up or reject it. If the demand is rejected, your lawyer will file suit.

If you are the victim of the outcome of a successful lawsuit for birth injuries your lawyer may suggest placing part of your settlement or award in a special trust for children with disabilities. This will permit you to provide future funds to your child to cover things such as physical therapy, medicine and home modifications.

Trials

In some cases lawyers will attempt to negotiate a settlement to settle the issue without going to court. A settlement offers the plaintiff with financial compensation and is a formal agreement that settles the case.

An attorney's team will gather evidence to show that medical professionals didn't meet a certain standard of care and caused an injury. Lawyers for defendants will also collect evidence on their own to counter allegations. The attorneys will then sit down with each other to negotiate the amount of settlement. If no settlement can be reached, the case will be taken to court.

The trial process can take months or even years to be completed. Plaintiffs might feel pain, stress and danger as they revisit the trauma of their child's birth injury law firms. The winner could be awarded a huge verdict. The losing side may appeal the decision.

A skilled lawyer for birth injuries can make all the difference in your case. Legal professionals can guarantee the best outcome through every stage of the litigation process, from drafting the demand letter to filing the lawsuit as well as settlement negotiations, discovery and trial, and in the event of an appeal, if necessary. They can help you obtain compensation that can change your life and the lives of your family. Lawyers can also provide a network of expert witnesses to prove your claim. The legal team at Lipsitz Green will investigate the case to determine the cause and fight for fair amount of compensation.

Statute of limitations

The medical profession has its own set of rules that must be followed when performing procedures. This includes the statute of limitation, which sets a deadline for filing lawsuits. This limit is designed to ensure that claims are filed when evidence is available in physical form and witnesses' memories are fresh. Even if a lawsuit has an established legal foundation it will be dismissed if filed after the statute of limitations has expired.

The statute of limitations can be crucial for those suffering from birth injury lawyers injuries. A successful claim can provide compensation for the victim's current and future medical expenses and lost wages resulting from being away from work to take care of their child, and emotional anxiety. In some cases the judge or jury will also award punitive damages to punish defendants for extreme negligence.

A New York attorney who is adept at defending birth injuries should represent victims. They can conduct investigations and gather evidence to support a claim of negligence or negotiate a settlement or take the case to court if required. In some instances the defendant could try to dismiss a case claiming that the statute of limitations is over. A lawyer should be able quickly determine if this is the case. If the case involves public hospitals, which are operated either by local, state or federal governments in addition, a separate and much shorter statute of limitations could be in place.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and the facts of a medical malpractice case. They may also offer specialized or professional opinions to help the jury make a decision. They are able to do this because their knowledge and expertise is more precise and trustworthy than an average person or someone who has no medical education.

Legal representatives can enlist an expert witness to review medical records, give a testimony and help the lawyer to put together the case. The expert will sign an affidavit and then give evidence in court. An expert could be an employee of a hospital or injury health care provider from the defendant's institution, or an outsider.

The expert's opinion must reflect the current state of medical knowledge in the case at the time of the hearing. The expert should not condemn any practice that is not in line with the generally accepted standards of practice or accept any performance that is not in the scope of those standards. Experts should be prepared to provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign contracts in which the fees for their expert testimony are unreasonably high in relation to their time and effort involved.

Parents of a child that has suffered a severe birth trauma can seek damages to cover the costs they'll incur for their child's medical care, as well as any past expenses that have been paid for. An experienced attorney can determine if negligence was involved in the child's injury during birth and secure compensation that can ease the financial burden on families.