Birth Injury Litigation

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

A good lawyer will file your lawsuit for birth injuries, investigate the incident, collect evidence, and then make the case of negligence. They may assist you in settlement negotiations or in court, if required.

Settlements

In the majority of medical malpractice cases, the defendant and plaintiff reach a settlement before the case is heard. Both parties can avoid the costly and stressful court costs and receive compensation for the plaintiff. If a trial isn't possible, a jury can decide whether the defendants are accountable to pay compensation and how much.

The first step in obtaining financial compensation for your child's palm beach gardens birth injury attorney injury is proving that the doctor you hired to deliver your baby had a an professional relationship with you, and he violated that duty during the birthing procedure. This can be done by using medical records and hospital invoices. Your lawyer will have to gather proof that the breach caused the injuries to your child.

If you have evidence, your attorney will present a complete set of demands to the malpractice insurance companies of the defendants. This document includes a written statement detailing your child's injuries, along with supporting documentation. The malpractice insurer will look over the request and decide whether to take it up or reject it. If the demand is rejected, your lawyer will file a lawsuit.

Your lawyer may suggest that in the case of a successful lawsuit to remedy birth injuries, a portion of the settlement or award be placed in a special needs fund. This will allow you to provide future funds to your child for things such as medicine, physical therapy, and home modifications.

Trials

In certain cases, lawyers will try to reach a settlement to resolve the matter without having to go to court. A settlement provides an amount of money to the plaintiff and leads to an official agreement that concludes the matter.

A team of lawyers will gather evidence to demonstrate that medical professionals did not provide the requirements for a high standard of care, causing injury. Lawyers for defendants also gather their own evidence to disprove assertions. The attorneys will then meet with one other to discuss the amount of settlement. If a settlement cannot be reached, the case will go to trial.

The trial process can last for months or even years to complete. Plaintiffs may suffer from pain, stress and risk as they relive their child's birth injury trauma. The winner could be awarded a large verdict. But, a party that loses can appeal the decision.

A Clearwater birth injury law firm injury lawyer with years of experience can make a big difference in your case. A lawyer can help you get the best possible outcome at every stage of the litigation process. From the drafting of demand letters to filing the lawsuits or discovery, settlement negotiations and appeals, as well as trials when necessary a lawyer will ensure you get the best outcome. They can help you get compensation that can change your life, and the lives of your family. A lawyer can also offer experts to prove 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 adhere to when performing procedures. This includes the statute of limitations that sets a time limit for filing lawsuits. This limit is intended to ensure that claims can be filed when evidence is still available and witnesses' memories are still fresh. Even if the lawsuit has an established legal foundation it is dismissed if it is filed after the statute of limitations has expired.

For victims of birth injuries the statute of limitation is particularly important. A successful claim could award the right to compensation for future and present medical costs, lost wages from missing work to care for the child, and emotional anxiety. In certain instances, the juror or judge could also award punitive damages to punish defendants who have displayed extreme negligence.

Victims of birth injuries must have a New York attorney familiar with these types of claims. They can investigate and gather evidence to support a claim of negligence, negotiate a settlement, or go to court if required. In some instances the defendant might try to dismiss a lawsuit claiming that the statute of limitations has passed. A lawyer will be able determine quickly whether this is the case. If the case involves public hospitals which are managed by state, local, or federal government in addition, a separate and shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and facts of a medical malpractice case. They may also provide expert or professional opinions and conclusions to help them make an informed decision. They are able to do this because their knowledge is more reliable and detailed than the knowledge of a layperson or someone who has no medical education.

A lawyer may hire an expert witness to review medical records, provide testimony, and aid the lawyer in preparing the case. The expert would sign an affidavit and then give evidence in court. An expert can be a hospital employee or health care professional from the defendant's establishment or an outsider.

Expert testimony should reflect the state of medical knowledge at the time of incident in the case. Experts should not denounce performance that falls within generally accepted practice standards or condone performance that is outside of the standards. Experts should be prepared to provide deposition transcripts as well as courtroom testimony to be reviewed by a peer. They should not sign contracts in which the fees for their expert testimony are inordinately high in relation to their time and effort involved.

Parents of children who suffers a serious birth injury may seek damages for the future medical care the child will require, as well as past expenses they have already incurred for the care of the child. A determined lawyer can determine if negligence was the cause of the child's injury at birth and secure compensation that can ease the financial burden on the family.