Birth Injury Litigation

Birth injuries can cause serious disabilities and affect the quality of life for your child. Medical treatments can be expensive and lengthy.

A competent lawyer will file a lawsuit for birth injury, investigate the incident, collect evidence, and present an argument of negligence. They can also represent you during settlement negotiations or in court if needed.

Settlements

In a majority of medical malpractice cases, the defendant and plaintiff reach a settlement before the case is even tried. Both parties can avoid the high and stressful court costs and receive compensation for the plaintiff. If a trial is not possible, a jury can decide whether the defendants are accountable to pay compensation and what amount.

The first step towards receiving financial compensation for a birth injury for your child is to establish that the doctor who delivered your baby had an established professional relationship with you and that he breached this duty during the birthing procedure. This can be done by using medical documents and hospital invoices. Your lawyer will have to gather proof that the breach was responsible for your child's injuries.

If you have the evidence the lawyer will then submit a demand package to the defendants' malpractice companies. This document contains a thorough letter that outlines the child's injuries along with supporting documents. The malpractice insurance company will review the demand and either take it up or reject it. If the demand is rejected then your lawyer will file suit.

Your lawyer may suggest that, in the event of a successful lawsuit to remedy birth injury, a portion of the settlement or award be placed in a special needs fund. This will enable your child to access future funds to fund things like medicine physical therapy, home modifications.

Trials

In certain instances lawyers will attempt to reach a settlement to settle the issue without going to court. A settlement is an agreement formalized that resolves a dispute and pays compensation to the plaintiff.

A team of attorneys will gather evidence to demonstrate that medical professionals did not meet a high level of care, causing injury. Lawyers for defendants will also gather their own evidence to disprove claims. The attorneys will then meet one other to discuss an amount for settlement. If a settlement can't be reached then the case will go to trial.

The trial process could take months, or years to complete. Plaintiffs can experience stress, pain and even risk when they recall the trauma of their child's birth. The winning party could receive a large settlement. However, a losing party may appeal the decision.

A knowledgeable birth injury lawyer can make a huge 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 or discovery, negotiation of settlement and trial, or should it be necessary, appeals. They can help you get the life-changing amount of compensation your family needs. A lawyer can provide you with an expert network to help you with 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

Medical professionals have their own set of rules that they must follow in their procedures. This includes the statute of limitations, which has a time limit for birth injury lawyer filing lawsuits. This limitation is designed to ensure that claims are filed in the time evidence in the physical remains and the memories of witnesses are fresh. Even if the lawsuit is based on a solid legal foundation, it is dismissed if it is filed after the statute has expired.

The statute of limitations is crucial for those suffering from birth injury lawyers injuries. A successful claim may provide compensation for current and future medical costs as well as lost wages due to missing work in order to take care of the child, and emotional stress. In some cases, the judge or jury could also award punitive damage to punish defendants who have shown an extreme lack of care.

The victims of birth injuries should have an New York attorney familiar with these kinds of claims. They can investigate the incident, gather evidence, present a case for birth injury lawyer negligence and seek a settlement or go to trial if necessary. In certain situations the defendant may attempt to dismiss a suit by asserting that the time limit has expired. A lawyer should be able to quickly determine whether this is the case. If the case involves a public health facility, which are operated by local or federal government in a different and possibly shorter time limits for statute of limitations could be in effect.

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 can also offer professional or expert opinions to help jurors to make a decision. They are able to offer their opinions because their knowledge is more reliable and precise than those of a layperson or someone who is not trained in medical sciences.

Legal representatives can hire an expert witness to review medical records, give testimony and assist the lawyer to put together the case. The expert witness would then sign an affidavit as well as testify in court about their findings. An expert could be a hospital employee or health care provider at the institution of the defendant, or an outsider.

An expert's testimony should reflect the current state of medical knowledge at the time of occurrence in the case. Experts should not rebuke actions that fall within the generally accepted standards of practice or accept any performance that is not in the scope of those standards. Experts should be willing and able to submit transcripts of depositions and courtroom testimony to peers to be reviewed. They should not sign contracts that state that the costs for expert testimony are too high compared to their time and efforts involved.

Parents of a child that has suffered a serious birth trauma may seek damages to cover the cost they'll incur for the care of their child and any previous expenses that were caused. A determined attorney can determine if negligence was involved in the child's injury at birth and can secure compensation to reduce the financial burden for a family.