Birth Injury Litigation

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

A good lawyer will file a lawsuit for birth injury, investigate the incident, gather evidence, and then make a case of negligence. They may also represent you during settlement negotiations or in court if necessary.

Settlements

In 90% of medical malpractice lawsuits the plaintiff and defendant negotiate a settlement before the case is tried. This lets both parties save money and stress-inducing court costs, and gives the plaintiff a guarantee of a fair settlement. If a trial isn't feasible, a jury will decide whether the defendants are liable to pay compensation and in what amount.

The first step toward receiving the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your baby had a professional relationship with you and breached this obligation during the birthing procedure. This can be accomplished using medical documents and hospital bills. Your lawyer will also have to find evidence that shows the breach was responsible for the injuries of your child.

Once you have the evidence, your attorney will submit a package of demands to the malpractice insurance carriers of the defendants. This document includes a written statement detailing the injuries suffered by your child, as well as supporting documentation. The malpractice carrier will then go through the request and either accept it or reject it. If the demand is rejected the lawyer will file suit.

Your lawyer might suggest that in the case of a successful lawsuit for birth injury lawyer injury, a portion of the settlement or award be placed into a special needs fund. This will enable your child to have access to future funds for things such as medicine, physical therapy and home modifications.

Trials

In certain cases lawyers will attempt for a settlement in order to settle the issue without going to court. A settlement offers an amount of money to the plaintiff and is a formal agreement that concludes the matter.

An attorney's team will seek evidence to show that medical professionals didn't meet a high standard of care and caused an injury. Lawyers representing the defendants will gather their own evidence in order to refute claims. The attorneys will meet to negotiate a settlement. If a settlement is not reached, then the case will go to the court.

The trial process could 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 trauma. The winning party could be awarded a huge verdict. The losing side can appeal the decision.

A skilled lawyer for birth injury lawsuits injuries can make a huge difference in your case. A lawyer can help you achieve the best possible outcome throughout the litigation process. From the creation of demand letters to filing the lawsuits or discovery, settlement negotiation, trial, or appeals, if necessary, a legal professional can ensure the most favorable outcome. They can help you get compensation that can change your life as well as the lives of your family. A lawyer can also help you establish a a network of expert witnesses to prove your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of 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 imposes a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed when evidence is still accessible and witnesses' memories remain fresh. A lawsuit that is filed after the statute of limitations has expired will be dismissed, even in the event that it has a solid legal basis.

For victims of birth injuries the statute of limitation may be especially important. A successful claim can provide 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 injuries their child, and emotional distress. In certain cases the judge or jury may also award punitive damages to penalize defendants who have committed a grave carelessness.

A New York attorney who is adept at defending birth injuries is required to represent the victims. They can conduct investigations and gather evidence to make a case of negligence, negotiate a settlement, or even go to court if required. In some cases, a defendant might attempt to dismiss a case by claiming that the time limit has expired. A lawyer will be able to quickly determine when 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 time limit may apply.

Expert Witnesses

In an instance of medical malpractice, expert witnesses help jurors and judges comprehend the evidence and the facts of the case. They can also offer professional or specific opinions to help the jury decide. They are able to offer their opinions because their expertise is more reliable and detailed than that of a layperson or someone who is not trained in medical sciences.

A legal representative can retain an expert witness to review medical records, give a testimony and help the lawyer in putting together the case. The expert will sign an affidavit, and then appear in the court. An expert could be an internal employee of the defendant's hospital, health care system, or an individual outside of the institution.

The expert's testimony must reflect the current medical knowledge available at the time. Experts should not denounce actions that fall within the generally accepted standards of practice or allow for performance that is in violation of the standards. Experts should be willing and able to send transcripts of depositions and courtroom testimony to peers to be reviewed. They should not sign contracts in which the fees for injuries their expert testimony are inordinately high relative to their time and effort involved.

Parents of children who suffers a serious birth injury may seek damages for the future care that their child will require, and for any previous expenses they have already paid for the care of the child. A lawyer who is steadfast will determine if negligence was involved in a child's birth injury, and then seek compensation to ease the family's financial burden.