Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact the quality of life of your child. The medical treatments they require can be costly and take a long time.

A good lawyer can make a birth injury law firms injury lawsuit to investigate the incident, gather evidence, build the case for negligence, and represent you during settlement negotiations or in court should it be necessary.

Settlements

In a majority of medical malpractice lawsuits the plaintiff and defendant negotiate an agreement prior to the case is tried. Both parties can avoid high and stressful court costs and receive compensation for the plaintiff. If a trial cannot be reached the jury will decide whether the defendants are liable to pay the plaintiff compensation and how much amount they have 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 had an official relationship with you, birth injury lawyer and he violated that obligation during the birthing process. You can do this by using medical records and hospital invoices. Your lawyer must prove that the breach caused the injury to your child.

Once you have the evidence, your lawyer will present a complete set of demands to the malpractice insurers of the defendants. The demand package will contain a comprehensive letter that describes the injuries your child sustained and the supporting documents. The malpractice insurance company will review the demand, and decide whether or not to accept it. If the demand is denied then your lawyer will file a lawsuit.

In the event of a successful birth injury lawsuit your lawyer may suggest placing the proceeds of your settlement or award into a special trust for children who require special. This will allow your child to access future funds for things like medicines or physical therapy as well as home modifications.

Trials

In certain cases, lawyers will try to negotiate a settlement to resolve the matter without a court appearance. A settlement is an agreement formalized that resolves a case and provides compensation to the plaintiff.

A team of attorneys will gather evidence to prove that medical professionals did not provide the highest standards of care, causing injury. Lawyers representing the defendants will also gather their own evidence to refute the claims. The attorneys will then sit down with each the other to negotiate the amount of settlement. If a settlement can't be reached the case will go to trial.

The trial process can take months or years to complete. It can be stressful, risky, and painful for plaintiffs, as they experience the trauma of their child's birth injuries. The winner could receive a large award. The losing side can appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can guarantee the best outcome through every step of the litigation process, from drafting the demand letter, to filing the lawsuit, discovery, settlement negotiations and trial or, if needed, appeals. They can help you obtain life-changing compensation for your family's needs. A lawyer can provide you with a network of experts to help 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 to follow when performing procedures. This includes the statute of limitation that sets a time limit for filing lawsuits. This limit is designed to ensure that claims are filed while evidence is still available and witnesses' memories are fresh. Even if a lawsuit has a solid legal foundation the case is dismissed if it is filed after the statute of limitations has expired.

The time limit for filing a claim can be crucial for those suffering from birth injuries. A successful claim could award compensation for current and future medical expenses loss of wages due to the inability to work to take care of the child, and emotional distress. In some cases, a jury or judge may also award punitive damages to punish defendants for extreme inattention to detail.

A New York attorney who is experienced in birth injury claims is required to represent the victims. They can conduct investigations and gather evidence to support a claim of negligence or negotiate a settlement or go to court when necessary. In certain instances the defendant might try to dismiss a lawsuit by claiming that the statute of limitation has expired. A lawyer should be able quickly determine if this is the case. If the case involves public hospitals which are managed by local, state or federal government in addition, a separate and shorter time limit could apply.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and facts of the medical malpractice case. They can also offer expert opinions or inferences to assist them in making the right decision. They are allowed to do this because their experience and expertise is more detailed and reliable than a layperson or someone who has no medical training.

A lawyer can engage an expert witness who will review medical records, give testimony and assist the lawyer to put together the case. The expert will then sign an affidavit and testify in court regarding their findings. An expert can be an employee of a hospital or health care provider at the defendant's facility or an outsider.

Expert testimony should reflect the current state of medical knowledge at the time of the event in the case. The expert should not condemn any practice that is not in line with generally accepted practice standards or accept any performance that is not in the scope of those standards. Experts should be willing and able submit transcripts of depositions or courtroom testimony to peers to be reviewed. They should not sign agreements in which the costs for their expert testimony are inordinately high relative to their time and effort involved.

Parents of children who suffers a serious birth injury can seek compensation for future medical care their child will require in addition to any past costs they've already paid to care for the child. A lawyer who is steadfast will determine if negligence was at play in the birth injury, and then seek compensation to ease a family's financial burden.