Birth Injury Litigation

Birth injuries can lead to serious disabilities and can affect the quality of life for your child. The medical treatment they require can be costly and time-consuming.

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

Settlements

In the majority of medical malpractice lawsuits the plaintiff and defendant negotiate an agreement prior to the case is tried. This helps both parties avoid costly and stressful court costs, and gives the plaintiff a promise of a fair settlement. If a trial is not feasible, a jury determines whether the defendants are accountable to pay compensation and in what amount.

The first step to receive financial compensation for a birth injury in your child is proving the doctor who delivered your baby had a professional relationship with you and that he violated this duty during the birthing process. You can do this by using medical documents and hospital invoices. Your lawyer will need to gather proof that the breach was responsible for the injury to your child.

If you have the evidence Your lawyer will then send an offer to the defendants' malpractice carriers. The document will include a detailed letter that outlines the child's injuries along with any supporting documents. The malpractice insurer will examine the demand, and take it or leave it. If the demand is rejected your lawyer will file a lawsuit.

Your attorney may recommend that, in the event of a successful lawsuit involving birth injury, a portion of the settlement or award is put into a special needs fund. This will enable your child to use the funds for things like medicines and physical therapy as well as home modifications.

Trials

In some instances, attorneys will attempt to come to an agreement on how to settle the matter before going to court. Settlements offer the plaintiff with financial compensation and leads to an official agreement that resolves the matter.

A team of attorneys will gather evidence to show that medical professionals did not adhere to the standards of care and caused injuries. Lawyers representing the defendants will gather their own evidence in order to refute assertions. The attorneys will meet to discuss for a settlement. If no settlement can be reached, the case will be taken to the court.

The trial process could last for months or even years to complete. Plaintiffs might feel pain, stress and anxiety as they try to relive their child's birth injury trauma. The winner may be awarded an award of a significant amount. However, a losing party could appeal the decision.

A birth injury lawyer with experience can make all the difference in your case. A lawyer can assist you to get the best possible result throughout the litigation process. From drafting the demand letters to filing lawsuits, discovery, settlement negotiation, trial, or Birth Injury appeals If necessary an attorney can ensure the most favorable outcome. They can help you get compensation that will change your life and that of your family members. A lawyer can also offer 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 that they must follow in their procedures. This includes the statute of limitation which specifies a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed while physical evidence remains available and witnesses' memories are fresh. A lawsuit filed after the deadline for filing a lawsuit has passed will be dismissed even in the event that it has a solid legal basis.

The statute of limitations is important for birth injuries. A successful lawsuit can offer compensation for the victim's current and future medical expenses or lost wages as a result of missing work to care for their child, as well as emotional anxiety. In certain cases, a jury or judge will also award punitive damages intended to punish defendants for extreme inattention to detail.

A New York attorney who is familiar with birth injury claims is required to represent the victims. They can investigate and collect evidence to establish a case of negligence, negotiate a settlement, or even go to court if required. In some instances the defendant might try to dismiss a lawsuit claiming that the statute of limitation has run out. A lawyer will be able to swiftly determine whether this is the situation. If the matter involves a hospital that is public that is run by local or federal government the possibility of a separate and shorter statute of limitations could apply.

Expert Witnesses

In the event of a medical malpractice case expert witnesses can assist judges and juries understand the evidence and the facts of the case. They can also offer specialized or professional opinions to help the jury make a decision. They are allowed to do so because their expertise is more reliable and detailed than the knowledge of a layperson or someone who is not trained in medical sciences.

Legal representatives can hire an expert witness to review medical records, give a testimony, and aid the lawyer in putting together the case. The expert witness would then sign an affidavit and testify in court regarding their findings. An expert could be an internal employee of the defendant's hospital or health care system, or an individual who is not employed by the institution.

The expert's opinion must reflect the current medical knowledge available at the time. Experts should not denounce actions that fall within the generally accepted standards of practice or allow for performance that is in violation of those standards. Experts should be willing and able to submit transcripts from depositions or courtroom testimony to their peers to be reviewed. They should not sign contracts that state that the costs for expert testimony are excessively expensive in comparison to the time and effort.

Parents of children suffering from a severe birth injury can seek damages for the future care that their child will require in addition to any past expenses that they have already paid to care for the child. A lawyer who stands by his word can determine if negligence involved in a child's birth injury and secure compensation to ease a family's financial burden.