Birth Injury Litigation

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

A good lawyer will file your lawsuit for birth injury, investigate the incident, collect evidence, and present an argument for negligence. They can represent you in settlement negotiations or in court if necessary.

Settlements

In the majority of medical malpractice cases, the plaintiff and defendant reach a settlement before the case is heard. This allows both parties to avoid expensive and stressful court costs, and gives the plaintiff a promise of compensation. If a trial cannot be reached the jury will decide if the defendants owe the plaintiff any compensation and the amount of the amount they are required to pay.

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 baby was in an established professional relationship with you and breached the duty of care during the birthing procedure. This can be accomplished with medical documents and hospital bills. Your lawyer will also need to find evidence that shows the breach resulted in your child's injuries.

If you have the evidence Your lawyer will then send an offer to the plaintiffs' malpractice insurers. This document includes a letter detailing the injury suffered by your child together with the supporting documentation. The malpractice insurance company will examine the request and either accept or birth injury lawyer reject it. If the demand is rejected, your lawyer will file a lawsuit.

Your attorney may recommend that, in the case of a successful lawsuit for birth injuries, a percentage of the settlement or award be put into a special needs fund. This will allow you to give future funds to your child to cover things like physical therapy, medication, and home modifications.

Trials

In some instances, lawyers will try to reach a deal to resolve the matter without going to court. Settlements provide financial compensation to a plaintiff and is a formal agreement that ends the case.

A team of lawyers will gather evidence to show that medical professionals failed to meet the highest standards of care and aggravated injuries. Lawyers representing the defendants will gather evidence of their own to disprove claims. The attorneys will meet to negotiate the terms of a settlement. If a settlement isn't reached, the case will be taken to court.

The trial process can take months or even years to be completed. Plaintiffs might be afflicted with pain, stress and risk as they relive their child's birth injury trauma. The winner could receive a large settlement. A losing party can file an appeal of the decision.

A birth injury lawyer who has experience can make a significant difference in your case. A lawyer can guarantee the best possible outcome through each step of the litigation process, from writing the demand letter, to filing the lawsuit, discovery, settlement negotiations and trial, when necessary, appeals. They can assist you in obtaining the life-changing amount of compensation your family requirements. A lawyer can also provide experts to back your claim. The legal team at Lipsitz Green will investigate the case to determine what happened and fight for reasonable amount of compensation.

Statute of Limitations

The medical profession has its own set of rules that must be followed during procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories are still fresh. A lawsuit filed after the statute of limitations has expired can 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 may provide the compensation needed for future and ongoing medical expenses and lost wages resulting from the absence of work to care for the child, and emotional distress. In some cases, the jury or judge may also award punitive damage to punish defendants who have demonstrated an extreme lack of care.

The victims of birth injuries should have an New York attorney familiar with these types of claims. They can investigate and collect evidence to make a case of negligence, negotiate a settlement, or even go to court if necessary. In some instances, a defendant might attempt to dismiss a lawsuit asserting that the time limit has expired. A lawyer should be able quickly determine whether this is the case. If the matter involves public hospitals which are operated by the state, local or federal government, a separate and possibly much shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can help juries and judges to understand the evidence and the facts of a medical malpractice case. They can also offer expert or specialized opinions that help the jury make a decision. They are permitted to make this claim because their knowledge and expertise is more precise and trustworthy than the average person or one who is not a medical professional.

A lawyer can engage an expert witness who will examine medical records, provide an opinion and help the lawyer with the case. The expert would then be required to sign an affidavit as well as testify in court about their findings. An expert can be a hospital employee or health care professional at the institution of the defendant, or an outsider.

An expert's testimony should reflect the state of medical knowledge at the time of the occurrence in the case. Experts should not rebuke any practice that is not in line with generally accepted practices or allow for performance that is in violation of the standards. Experts should be willing to provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not be a part of contracts that state that the costs for expert testimony are too high compared to their time and efforts involved.

Parents of a child who suffered a serious birth injury attorney trauma can seek damages to cover the cost they'll be liable for their child's medical care, as well as any previous expenses that have been paid for. A lawyer who is committed can determine if negligence responsible for a child's birth injury, and then seek compensation to ease a family's financial burden.