Birth Injury Litigation

Birth injuries can result in severe disabilities that can negatively impact the quality of life of your child. Medical treatments can be expensive and take a long time.

A competent lawyer can file your birth injury - discover here - lawsuit to investigate the incident, gather evidence, present an argument for negligence and represent you during settlement negotiations or in court should it be necessary.

Settlements

In more than 90 percent of medical malpractice cases, plaintiffs and defendants reach a settlement agreement before the case goes to trial. This allows both parties to avoid expensive and stressful court costs, and also provides the plaintiff with a guarantee of a fair settlement. If there is no trial the jury will decide whether the defendants owe plaintiff any compensation and the amount of the amount they are required to pay.

The first step to receive financial compensation for birth injuries in your child is proving the doctor who gave birth to your baby had a professional relationship with you and that he breached this obligation during the birthing procedure. This can be done by using medical documents and hospital invoices. Your lawyer will also have to establish that the breach led to your child's injuries.

If you have evidence, your attorney will submit a package of demands to the malpractice insurance companies of the defendants. This document includes a letter detailing the injuries suffered by your child, along with supporting documentation. The malpractice insurance company will look over the request and decide whether to decide whether to accept or deny it. If the demand is rejected, your lawyer will file a lawsuit.

If you are the victim of a successful birth injury lawsuit Your attorney might suggest placing a portion of your settlement or award into a special trust for children with disabilities. This will allow you to grant future funds to your child to cover things such as physical therapy, medicine and home modifications.

Trials

In some instances lawyers will try for a settlement in order to settle the issue without a court appearance. A settlement is an agreement formalized that resolves a case and provides compensation to the plaintiff.

A team of lawyers will gather evidence to prove that medical professionals did not provide a high level of care, causing injury. Lawyers representing the defendants will gather their own evidence to disprove assertions. The attorneys will meet to negotiate a settlement. If no settlement can be reached the case will go to trial.

The trial process may take a long time to take to. Plaintiffs can be afflicted with pain, stress and anxiety as they try to relive the trauma of their child's birth. The winning party may receive an enormous amount. The losing side may appeal the decision.

A knowledgeable birth injury lawyer can make all the difference in your case. A legal professional can help you get the best outcome at every step of the litigation process, from the drafting of the demand letter to filing the lawsuit, Birth injury discovery, settlement negotiations and trial, or in the event of an appeal, if necessary. They can help you receive compensation that will transform your life and that of your family. Lawyers can also provide a network of expert witnesses to support your claim. The legal team at Lipsitz Green will investigate your case to determine the reason for the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules that they must follow when performing procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limitation is designed to ensure that claims are filed in the time physical evidence remains available and witnesses' memories are fresh. A lawsuit that is filed after the statute of limitations has expired will be dismissed, even when it has a solid legal basis.

The statute of limitations can be important for victims of birth injuries. A successful claim can provide compensation for the victim's present and future medical expenses as well as lost wages due to working less to take care of their child, as well as emotional stress. In certain circumstances, a juror or judge could also award punitive damages to punish defendants who have displayed excessive negligence.

Victims of birth injury lawyers injuries should have an New York attorney familiar with these kinds of claims. They can investigate the incident, gather evidence, make a case for negligence and seek a settlement or go to trial if needed. In certain instances, a defendant might attempt to dismiss a lawsuit asserting that the statute of limitations has run out. A lawyer should be able quickly determine whether this is the case. If the matter involves public hospitals that are run by local, state or federal authorities the possibility of a separate, and shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges better understand the evidence and facts of the medical malpractice case. They can also provide specialized or professional opinions to help the jury decide. They are allowed to do this because their knowledge and expertise is more thorough and reliable than that of a layperson or someone who is not a medical professional.

Legal representatives can hire an expert witness who will review medical records, give a testimony and help 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 an employee of the defendant's hospital or health care system, or a person outside that institution.

The expert's opinion must reflect the current state of medical knowledge at the time. The expert should not criticize the performance that is within the generally accepted standards of practice or support performance that is outside of those standards. Experts should be willing to provide deposition transcripts and courtroom testimony for peer review. They should not sign agreements that state that the costs for expert testimony are too expensive compared to the time and effort.

Parents of a child that has suffered a serious birth trauma may seek damages to pay for the future expenses they'll be liable for their child's medical care and any previous expenses that have been caused. A steadfast attorney can determine whether negligence was involved in the child's injury at birth and secure compensation that can help ease the financial burden of families.