Birth Injury Litigation

Birth injuries can lead to severe disabilities that could affect your child's quality of living. Medical treatments can be expensive and can take a long time.

A good lawyer can make a birth injury lawsuit and investigate the incident to collect evidence, make the case for negligence, and represent you in settlement negotiations or birth Injury at trial in the event of a trial.

Settlements

In more than 90 percent of medical malpractice cases, plaintiffs and defendants sign a settlement agreement before the case goes to trial. Both parties can avoid the expensive and stressful court fees and receive compensation for the plaintiff. If a trial isn't possible, a jury decides whether the defendants are responsible to pay compensation and in what amount.

The first step in obtaining the financial compensation you deserve for your child's birth injury is proving that the doctor you hired to deliver your child had a a professional relationship with you and violated that obligation during the birthing process. This can be accomplished with medical records and hospital bills. Your lawyer must find evidence that the breach was responsible for the injury to your child.

Once you have this evidence Your lawyer will then send a demand form to the plaintiffs' malpractice insurers. This document includes a detailed letter that describes the injuries your child sustained along with supporting documents. The malpractice insurance company will review the request and decide whether to decide whether or not to accept it. If the demand is rejected then your lawyer will start a lawsuit.

Your lawyer could suggest that, in the case of a successful lawsuit involving birth injuries, a portion of the settlement or award is placed in a special needs fund. This will permit you to provide future funds to your child to cover things such as physical therapy, medication, and home modifications.

Trials

In certain instances lawyers may try to reach a settlement to resolve the matter without going to court. A settlement is an agreement that is formal and resolves a case and provides compensation to the plaintiff.

A team of lawyers will gather evidence to show that medical professionals did not provide the requirements for a high standard of care, causing injury. Lawyers for the defendants will also collect evidence to counter the claims. The attorneys will then meet with one and negotiate a settlement amount. If no settlement can be reached then the case will go to trial.

The trial process can take months or even years to complete. Plaintiffs might be afflicted with pain, Birth injury stress and anxiety as they try to relive their child's birth injury trauma. The winner could receive a substantial amount. However, a losing party can file an appeal of the decision.

A skilled lawyer for birth injuries can make a huge difference in your case. A legal professional can help you get the best outcome through every stage of the litigation process, from writing the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, and when necessary, appeals. They can assist you in obtaining compensation that can change your life, and the lives of your family members. A lawyer can provide you with a network of experts to support your claim. The legal team of Lipsitz Green will investigate the case to determine what transpired and fight for reasonable amount of compensation.

Statute of limitations

Medical professionals have their own set of rules to adhere to in their procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed when evidence is available in physical form and the memories of witnesses are fresh. A lawsuit filed after the time limit has expired can be dismissed even in the event that it has a solid legal basis.

For victims of birth injuries the statute of limitations is particularly important. A successful claim could award compensation for current and future medical costs and lost wages resulting from the absence of work in order to care for the child, as well as emotional anxiety. In certain cases a judge or jury may also award punitive damages intended to punish defendants for committing a serious negligence.

A New York attorney who is well-versed in birth injury claims should represent victims. They can investigate and gather evidence to support a claim of negligence, negotiate a settlement, or even go to court if required. In some cases, a defendant may try to dismiss a lawsuit by claiming that the statute of limitation is over. A lawyer will be able to swiftly determine whether this is the situation. If the matter involves public hospitals which are managed by local, state or federal government in addition, a separate and shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can help juries and judges understand the evidence and facts of a medical malpractice case. They can also offer expert or specialized opinions that help the jury decide. They can offer this advice because their knowledge and expertise is more detailed and reputable than the average person or one who is not a medical professional.

A legal representative may retain an expert witness to look over medical records, offer a testimony, and aid the lawyer in putting together the case. The expert would then sign an affidavit, and testify in court about their findings. An expert could be an internal employee of the defendant's hospital, health care system, or someone who is not employed by the institution.

The expert's testimony must reflect the current state of medical knowledge available at the time of the hearing. The expert should not denigrate or excuse any action that is not in line with generally accepted standards of practice. Experts should be willing and able to send transcripts of depositions or courtroom testimony to their peers for review. They should not sign agreements in which the costs for their expert testimony are unreasonably high in relation to their time and effort involved.

Parents of a child who has suffered a severe birth trauma may seek damages to cover the future costs they'll have to pay for their child's care and any previous expenses that were paid for. A lawyer who is committed can determine if negligence involved in a child's birth injury, and then seek compensation to ease a family's financial burden.