Birth Injury Litigation

Birth injuries can cause serious disabilities that can affect the quality of life of your child. Medical treatments can be expensive and can take a long time.

A competent lawyer can start a lawsuit for birth injuries to investigate the incident, gather evidence, present a case for negligence and represent you in settlement negotiations or at trial if necessary.

Settlements

In over 90% of medical malpractice cases, the plaintiffs and defendants sign an agreement for settlement prior to going to trial. Both parties can avoid the costly and stressful court fees and receive compensation for the plaintiff. If a trial is not possible, a jury can decide whether the defendants have a duty to pay compensation and in what amount.

The first step toward receiving the financial compensation you deserve for your child's birth injury is proving that the doctor you hired to deliver your child had a an established professional relationship with you and violated the duty of care during the birthing process. This can be accomplished using medical documents and hospital bills. Your lawyer will also have to collect evidence that proves the breach was responsible for your child's injuries.

Once you have this evidence and your lawyer has it, they will send a demand form to the defendants' malpractice companies. This document includes a written statement detailing the child's injuries together with the supporting documentation. The malpractice insurer will examine the request, toripedia.info and then either decide whether to accept or deny it. If the demand is rejected then your lawyer will bring a lawsuit.

In the event of the outcome of a successful lawsuit for birth injuries, your attorney may recommend placing the proceeds of your settlement or award in a special trust for factbook.info children with special needs. This will allow your child to have access to future funds for things like medicines physical therapy, home modifications.

Trials

In certain cases, attorneys may try to reach an agreement to resolve the matter before going to court. A settlement offers an amount of money to the plaintiff and leads to an official agreement that concludes the case.

A lawyer's team will collect evidence to show that medical professionals didn't meet a certain standard of care and caused an injury. Lawyers representing defendants will collect their own evidence to counter allegations. The attorneys will then meet with one other to discuss an amount for settlement. If a settlement can't be reached, the case will go to trial.

The trial process could take months, or years to complete. Plaintiffs might experience stress, pain and risk as they relive the trauma of their child's birth. The winning side may be awarded a substantial verdict. The losing side can appeal the decision.

A knowledgeable birth injury lawyer can make a huge difference in your case. A lawyer can help you get the best possible outcome at every stage of the litigation process. From the drafting of demand Vimeo.Com letters, to filing the lawsuits or discovery, settlement negotiations or appeals If necessary an attorney can ensure the most favorable outcome. They can assist you in getting life-changing compensation for your family's needs. A lawyer can provide you with a an expert network to support your claim. The legal team of Lipsitz Green will investigate the case to determine what transpired and fight for reasonable amount of compensation.

Statute of limitations

Medical professionals have their own set of rules to follow when conducting procedures. These include the statute of limitations, that imposes a deadline 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 that is filed after the deadline for filing a lawsuit has passed can be dismissed even the case has a solid legal basis.

The time limit for filing a claim can be crucial for those suffering from birth injuries. A successful case can result in compensation for the victim's current and future medical expenses or lost wages as a result of having to work in order to take care of their child, as well as emotional anxiety. In some cases, a jury or judge may also award punitive damages intended to punish defendants for extreme inattention to detail.

The victims of birth injuries should have a New York attorney familiar with these kinds of claims. They can investigate the incident and gather evidence, present an argument for negligence and seek a settlement or go to trial if needed. In some instances there is a possibility for a defendant to dismiss a case claiming that the statute of limitation has expired. A lawyer should be able quickly determine whether this is the situation. If the situation involves a public hospital, which are operated by local government agencies, whether federal or state-based, separate and potentially much shorter time-limits could apply.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and facts of a medical malpractice case. They may also provide expert or specialized opinions and inferences to assist them in making the right decision. They are permitted to do so because their expertise is more reliable and detailed than that of a layperson or someone with no medical training.

Legal representatives can hire an expert witness to look over medical records, give a testimony, and aid the lawyer in preparing the case. The expert will sign an affidavit, and then be able to testify in court. An expert can be a hospital employee or health care provider from the defendant's institution, or an outsider.

Expert testimony should reflect the current state of medical knowledge at the time of incident. The expert should not criticize any practice that is not in line with generally accepted practices or support performance that is outside of those standards. Experts should be prepared and able to submit transcripts of depositions or courtroom testimony to their peers to be reviewed. They should not enter into agreements in which the costs for their expert testimony are disproportionately high relative to their time and effort.

Parents who have a child who suffers a serious birth injury may be able to seek damages for the future medical care their child will require in addition to any past expenses they have already incurred to care for the child. A lawyer who is committed can determine if negligence involved in a child's birth injury and seek compensation to ease the family's financial burden.