Birth Injury Litigation

Birth injuries can lead to severe disabilities that can negatively impact your child's quality of living. The medical treatments they require can be costly and time-consuming.

A good lawyer can bring a birth injury lawsuit, investigate the incident and gather evidence, create the case for negligence, and assist you in settlement negotiations or in court in the event of a trial.

Settlements

In a majority of medical malpractice cases, the plaintiff and defendant agree to an agreement before the case is heard. This allows both parties to avoid costly and stressful court fees, and it provides the plaintiff with a guarantee of a fair settlement. If a trial isn't possible, a jury decides whether the defendants are liable to compensate the plaintiff and how much.

The first step to receiving financial compensation for birth injuries for your child is to establish that the doctor who delivered your baby had an established professional relationship with you, and that he did not fulfill this obligation during the birthing process. This can be done by using medical records and hospital invoices. Your lawyer will have to gather proof that the breach caused your child's injuries.

If you have evidence, your lawyer will send a set of demands to the malpractice insurance carriers of the defendants. This document includes a detailed letter detailing the injuries suffered by your child as well as supporting documents. The malpractice insurer will review the request, and either decide whether to accept or deny it. If the demand is rejected then your lawyer will bring a lawsuit.

If you are the victim of the outcome of a successful lawsuit for birth injuries Your attorney might suggest placing a portion of your settlement or award in a special trust for children who require special. This will allow your child to have access to future funds for things like medicines and physical therapy as well as home modifications.

Trials

In some cases, attorneys will attempt to find a solution to the issue prior to going to court. A settlement is an agreement in writing that settles a case and provides compensation to the plaintiff.

A team of lawyers will gather evidence to prove that medical professionals did not meet the standards of care, causing injury. Lawyers for the defendants will also gather their own evidence to disprove the claims. The attorneys will then sit down with each other to negotiate an amount for settlement. If no settlement can be reached the case will go to trial.

The trial process can take months or birth injuries even years to be completed. Plaintiffs might experience stress, pain and anxiety as they try to relive their child's birth injury trauma. The winning party could win a substantial amount. The losing side may appeal the decision.

A skilled lawyer for birth injuries can make all the difference in your case. A lawyer can assist you to achieve the best possible outcome at every stage of the litigation process. From the creation of demand letters, to filing the lawsuits, discovery, settlement negotiation, trial, or appeals should they be required an attorney will ensure the best possible outcome. They can help you get compensation that will transform your life as well as the lives of your family members. A lawyer can provide you with an expert network to back your claim. The legal team of Lipsitz Green will investigate the case to determine the cause and fight for a reasonable amount of compensation.

Statute of limitations

Medical professionals have their own set of rules to follow when performing procedures. This includes the statute of limitations which establishes a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed when physical evidence remains available and witnesses' memories are fresh. Even if the suit has an established legal foundation, it will be dismissed if filed after the statute of limitations has expired.

For birth injury victims, the statute of limitations could be particularly crucial. A successful lawsuit could provide compensation for current and future medical costs as well as lost wages due to missing work in order to care for the child, as well as emotional stress. In some cases the judge or jury will also award punitive damages to punish defendants for committing a serious carelessness.

A New York attorney who is familiar with birth injury claims should represent the victims. They can investigate the accident and gather evidence, present an argument for negligence and reach a settlement or go to trial if needed. In certain instances the defendant may attempt to dismiss a lawsuit arguing that the statute of limitations has run out. A lawyer is able to determine if this is the situation. If the case involves a public hospital, birth injuries which are operated by local or federal government in a different and possibly shorter time-limits may apply.

Expert Witnesses

Expert witnesses can assist juries and judges better understand the evidence and the facts of the medical malpractice case. They can also provide expert or specialized opinions and conclusions to help them make the right decision. They are able to offer their opinions because their expertise is more reputable and detailed than that of a layperson, or someone without medical training.

A legal representative can retain an expert witness who will review medical records, give testimony and assist the lawyer put together the case. The expert will sign an affidavit and then be able to testify in the court. An expert can be a hospital employee, health care provider at the institution of the defendant, or an outsider.

The expert's report must reflect the current state of medical knowledge available at the time of the hearing. The expert should not criticize actions that fall within generally accepted practices or accept any performance that is not in the scope of those standards. Experts should be prepared and able submit transcripts from depositions or courtroom testimony to their peers to be reviewed. They should not sign contracts in which the fees for their expert testimony are inordinately high in relation to the time and effort.

Parents of a child who suffered a severe birth trauma can seek damages to cover the future costs they'll be liable to care for their child and any previous expenses that may have been that they have incurred. A lawyer who is steadfast can determine if negligence at play in the birth injury and secure compensation to ease a family's financial burden.