Birth Injury Litigation

Birth injuries can lead to serious disabilities that can affect the quality of life of your child. Medical treatments can be costly and lengthy.

A competent lawyer will file a lawsuit for birth injury, investigate the incident, collect evidence, and then make the case of negligence. They may also represent you at settlement negotiations or in court, if required.

Settlements

In 90% of medical malpractice lawsuits, the defendant and plaintiff reach a settlement before the case goes to trial. This lets both parties avoid expensive and stressful court costs, and gives the plaintiff a promise of a fair settlement. In the event that an agreement cannot be reached, a jury will determine if the defendants owe the plaintiff any compensation and the amount of money they should pay.

The first step toward receiving financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your baby had an official relationship with you, and he violated that obligation during the birthing process. This can be done by using medical records and hospital invoices. Your lawyer will need to prove that the breach caused the injury to your child.

Once you have the evidence, your lawyer will then submit a list of demands to the malpractice insurance companies of the defendants. This document contains a thorough letter describing your child's injuries as well as supporting documents. The malpractice insurer will examine the request, and then either decide whether to accept or deny it. If the demand is rejected the lawyer will make a claim.

Your lawyer could suggest that, in the case that a lawsuit is successful for birth injury, a portion of the settlement or award is placed into a special needs fund. This will allow your child to access future funds to fund things like medicine or physical therapy as well as home modifications.

Trials

In some cases, attorneys may try to find a solution to the issue before taking it to court. A settlement offers financial compensation to a plaintiff and is a formal agreement that ends the matter.

A team of attorneys will gather evidence to show that medical professionals did not adhere to the requirements for a high standard of care and caused injury. Lawyers for defendants also gather evidence of their own to disprove assertions. The attorneys will meet to discuss the terms of a settlement. If a settlement isn't reached, the case will go to court.

The trial process may be lengthy or take years to be completed. It can be stressful, dangerous and painful for plaintiffs as they relive the trauma of their child's birth injuries. The winning side may be awarded a substantial verdict. However, a losing party could appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A legal professional can ensure the best result at every stage of the legal process, starting with the creation of the demand letter to filing the lawsuit, discovery, settlement negotiations and birth injury Law firms trial, if needed, appeals. They can help you obtain the life-changing amount of compensation your family requirements. A lawyer can help you establish a a network of experts to help support your claim. The legal team of Lipsitz Green will investigate the case to determine what transpired and fight for fair amount of compensation.

Statute of Limitations

Medical professionals have their own set of rules to follow when performing procedures. These include the statute of limitations, which sets a deadline for filing lawsuits. This limitation is designed to ensure that claims are filed in the time evidence is still available and the memories of witnesses are fresh. A lawsuit filed after the deadline for filing a lawsuit has passed will be dismissed, even if it has a strong legal basis.

For victims of birth injuries the statute of limitations is particularly important. A successful claim could result in compensation for the victim's present and future medical expenses, lost wages due to missing work to care for their child, and emotional anxiety. In some cases, the jury or judge may also award punitive damage to punish defendants for an extreme lack of care.

A New York attorney who is experienced in birth injury claims is required to represent the victims. They can investigate the accident and gather evidence, present an argument for negligence and negotiate a settlement or go to trial if needed. In certain situations, a defendant might 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 situation. If the case involves a public hospital that is run by local government agencies, whether federal or state-based in a different and possibly shorter time-limits could apply.

Expert Witnesses

In the event of a medical malpractice case experts can help jurors and judges understand the evidence and the facts in the case. They may also provide expert or specialized opinions and inferences to help them make an informed decision. They are allowed to offer their opinions because their knowledge is more reliable and thorough than that of a layperson, or someone who is not trained in medical sciences.

A lawyer can engage an expert witness to review medical records, give a testimony, and assist the lawyer in putting together the case. The expert will then sign an affidavit, and testify in court about their findings. An expert could be a hospital employee, health care professional 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 the incident in the case. The expert should not criticize any practice that is not in line with generally accepted practice standards or support performance that is outside of the standards. Experts should be willing to provide transcripts of depositions and courtroom testimony for peer review. They should not sign contracts in which the fees for their expert testimony are disproportionately 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 cost they'll incur for the care of their child, as well as any expenses that were that they have incurred. A reliable attorney can determine whether negligence was the cause of the child's injuries at birth and secure compensation that can reduce the financial burden for families.