Birth Injury Litigation

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

A competent lawyer can file your birth injury lawsuit as well as investigate the incident, gather evidence, create the case for negligence, and represent you during settlement negotiations or at trial should it be necessary.

Settlements

In a majority of medical malpractice lawsuits, the plaintiff and defendant agree to a settlement before the case is even tried. This lets both parties avoid expensive and stressful court costs, and provides the plaintiff with a guarantee of compensation. If a trial is not possible, a jury decides whether the defendants are accountable to pay compensation and what amount.

The first step to receive financial compensation for birth injury birth injuries for your child is to establish that the doctor who gave birth to your baby had an established professional relationship with you and that he acted in breach of this obligation during the birthing procedure. This can be done by using medical records and hospital invoices. Your lawyer will also have to gather evidence that the breach resulted in your child's injuries.

If you have evidence, your attorney will present a complete set of demands to the malpractice insurers of the defendants. The demand package will contain a comprehensive letter describing your child's injuries and the supporting documents. The malpractice insurance company will review the request, and either accept or reject it. If the demand is denied your lawyer will file a lawsuit.

In the event of an outcome in a birth injury lawsuit the attorney you consult with may recommend placing the proceeds of your settlement or award into a special needs trust. This will enable your child to access funds in the future for things like medicine or physical therapy as well as home modifications.

Trials

In certain cases, attorneys will try to find a solution to the issue before going to court. A settlement provides financial compensation to a plaintiff and results in an official agreement that resolves the matter.

An attorney's team will collect evidence to prove that medical professionals didn't meet a certain standard of care, causing an injury. Lawyers representing the defendants will also collect evidence to prove the allegations. The attorneys will meet to negotiate an agreement. If a settlement cannot be reached then the case will go to trial.

The trial process can take months or years to be completed. Plaintiffs can experience stress, pain and even risk when they recall the trauma of their child's birth. The winning party could win an award of a significant amount. The losing side can appeal the decision.

A birth injury lawyer with experience can make all the difference in your case. A legal professional can ensure the best outcome through every stage of the litigation process, from writing the demand letter, to filing the lawsuit as well as settlement negotiations, discovery and trial, or should it be necessary, birth injury appeals. They can assist you in getting the life-changing amount of compensation your family needs. A lawyer can help you establish a experts to help you with your claim. The legal team at Lipsitz Green will investigate your case to determine how the injury occurred and fight for fair compensation.

Statute of limitations

Medical professionals have their own set of rules they must adhere to when performing procedures. This includes the statute of limitations which specifies 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.

For victims of birth injuries the statute of limitation can be crucially important. A successful case can result in compensation for the victim's current and future medical expenses as well as lost wages due to having to work in order to care for their child, as well as emotional stress. In certain cases the judge or jury may also award punitive damages intended to punish defendants for their extreme inattention to detail.

A New York attorney who is well-versed in birth injury claims should represent victims. They can investigate and gather evidence to establish a case of negligence, negotiate a settlement, or go to court when necessary. In some cases the defendant could try to dismiss a case claiming that the statute of limitation has run out. A lawyer can quickly determine whether this is the case. If the situation involves a public hospital, which are operated by local, state or federal governments in a different and possibly shorter time limits for statute of limitations may be in effect.

Expert Witnesses

In a medical malpractice case, expert witnesses can assist jurors and judges comprehend evidence and facts in the case. They may also offer specialized or professional opinions to help jurors decide. They are allowed to do so because their knowledge is more reputable and detailed than the knowledge of a layperson or someone who is not trained in medical sciences.

A legal representative may retain an expert witness to look over medical records, provide a testimony, and assist the lawyer in preparing the case. The expert would sign an affidavit, and then appear in court. An expert could be a hospital employee, health care professional at the defendant's facility, or an outsider.

The expert's testimony must reflect the current medical knowledge in the case at the time. The expert should not denounce or excuse any action that is not in line with generally accepted standards of practice. Experts should be prepared and able to submit transcripts from depositions or courtroom testimony to peers to be reviewed. They should not sign contracts in which the fees for their expert testimony are inordinately high in relation to their time and effort.

Parents of children who has suffered a serious birth injury may be able to claim damages for the future care that their child will require in addition to any past expenses they have already paid for the care of the child. A lawyer who is committed can determine if negligence the cause of a child's birth injury and obtain compensation to ease a family's financial burden.