Birth Injury Litigation

Birth injuries can lead to severe disabilities that can negatively impact the quality of life of your child. The medical treatments they require could be expensive and lengthy.

A reputable lawyer can file your birth injury lawsuit, investigate the incident and collect evidence, make a case for negligence and assist you in settlement negotiations or in court if necessary.

Settlements

In a majority of medical malpractice lawsuits the plaintiff and defendant negotiate a settlement before the case is heard. Both parties can avoid the expensive and stressful court fees and receive compensation for the plaintiff. In the event that an agreement cannot be reached, a jury will determine if the defendants owe the plaintiff any compensation and the amount of the amount they are required to pay.

The first step towards receiving the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your baby was in an official relationship with you, and he violated the duty of care during the birthing process. You can prove this by using medical records and hospital invoices. Your lawyer will also have to gather evidence that the breach led to your child's injuries.

If you have the evidence and your lawyer has it, they will send an offer to the defendants' malpractice carriers. The document will include a letter detailing your child's injuries, along with supporting documentation. The malpractice company will review the demand and either accept it or reject it. If the demand is rejected, your lawyer will file suit.

If you are the victim of a successful birth injury lawsuit the attorney you consult with may recommend placing some of the settlement or award into a special needs trust. This will permit your child to access funds in the future to fund things like medicine or physical therapy as well as home modifications.

Trials

In certain cases, attorneys may try to reach an agreement to settle the issue before going to court. A settlement provides an amount of money to the plaintiff and ends in an official agreement that concludes the case.

A team of lawyers will collect evidence to prove that medical professionals did not provide the requirements for a high standard of care, causing injury. Lawyers for the defendants also collect evidence to disprove the claims. The attorneys will then sit down with each the other to negotiate the amount of settlement. If no settlement can be reached the case will be sent to trial.

The trial process could take months or years to complete. Plaintiffs can experience stress, pain and risk as they relive their child's birth injury trauma. The winner could receive an enormous amount. The losing party can appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can assist you to obtain the best outcome at every stage of the litigation process. From drafting the demand letters to filing the lawsuits or discovery, settlement negotiation and appeals, birth injury as well as trials should they be required a lawyer will ensure the highest possible outcome. They can help you obtain compensation that will change your life as well as the lives of your family. A lawyer can provide you with a a network of experts to support 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

The medical profession has its own set of rules to be adhered to during procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limitation is designed to ensure that claims are filed while evidence in the physical remains and witnesses' memories are fresh. A lawsuit that is filed after the statute of limitations has expired is dismissed even the case has a solid legal basis.

For birth injury victims the statute of limitation is particularly important. A successful claim can provide compensation for the victim's current and future medical expenses or lost wages as a result of working less to care for their child, as well as emotional distress. In certain circumstances, a judge or jury could also award punitive damage to punish defendants who have shown the most reckless of negligence.

A New York attorney who is familiar with birth injury claims is required to represent the victims. They can investigate and collect evidence to prove a case of negligence, negotiate a settlement, or go to court if required. In some instances, a defendant might attempt to dismiss a case by arguing that the time limit has expired. A lawyer will be able determine quickly if this is the situation. If the situation involves a public hospital, which are operated by local, state or federal governments the possibility of a separate and shorter statute of limitations may apply.

Expert Witnesses

In the case of medical malpractice, experts can help judges and juries understand the evidence and facts in the case. They also offer professional or expert opinions to help jurors decide. They are able to do this because their knowledge and expertise is more thorough and reputable than a layperson or someone who has no medical training.

A legal representative can retain an expert witness who will examine medical records, provide a testimony and help the lawyer with the case. The expert will sign an affidavit, and then appear in court. An expert could be an employee of the defendant's hospital or health care system, or someone who is not associated with the institution.

The expert's report must reflect the current state of medical knowledge available at the time of the hearing. The expert should not criticize the performance that is within generally accepted practices or condone performance that is outside of those standards. Experts should be prepared and able to provide transcripts of depositions or courtroom testimony to their peers to be reviewed. They should not be a part of contracts that state that the costs for expert testimony are excessively high in comparison to the time and efforts involved.

Parents of children who suffers a serious winter park birth injury attorney injury may be able to claim damages for the future medical care their child will require in addition to any past expenses they have already incurred for the care of the child. A reliable lawyer can determine if negligence was the cause of the child's birth injury and secure compensation that can help ease the financial burden of the family.