Birth Injury Litigation

Birth injuries can cause serious disabilities that can affect your child's quality of life. The medical treatment they require can be costly and long.

A competent lawyer can file your birth injury lawsuit and investigate the incident to gather evidence, build the case for negligence, and also represent you in settlement negotiations or in court should it be necessary.

Settlements

In 90% of medical malpractice lawsuits, the defendant and plaintiff reach a settlement prior to the case is heard. This helps both parties avoid costly and stressful court fees, birth injury attorney and it gives the plaintiff a promise of a fair settlement. If a trial isn't feasible, a jury determines whether the defendants have a duty to pay compensation and what amount.

The first step to receiving financial compensation for a birth injury in your child is to prove the doctor who delivered your baby had an established professional relationship with you and that he acted in breach of this duty during the birthing procedure. This can be accomplished with medical documents and hospital bills. Your lawyer will have to gather proof that the breach led to your child's injuries.

If you have the evidence the lawyer will then submit a demand form to the plaintiffs' malpractice insurers. The document will include a detailed letter that outlines the child's injuries as well as supporting documents. The malpractice insurance company will look over the request, and then either accept or reject it. If the demand is denied your lawyer will file a lawsuit.

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

Trials

In some cases, lawyers may try to find a solution to the matter before going to court. A settlement offers financial compensation to a plaintiff and results in an official agreement that concludes the matter.

A team of attorneys will gather evidence to demonstrate that medical professionals failed to meet the highest standards of care, causing injury. Lawyers for defendants also collect their own evidence in order to refute allegations. The attorneys will meet to discuss an agreement. If a settlement cannot be reached, the case will be taken to 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 injuries. The winner could receive a large settlement. A party that loses the appeal can appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can assist you to achieve the best possible outcome throughout the litigation process. From the drafting of demand letters to filing the lawsuits, discovery, settlement negotiation, trial, or appeals when necessary an attorney will ensure the highest possible outcome. They can help you get compensation that will transform your life and the lives of your family. A lawyer can connect you to a a network of experts to back your claim. The legal team of Lipsitz Green will investigate the incident to determine what went wrong and fight for a fair settlement.

Statute of limitations

Medical professionals have their own set of rules they must adhere to during procedures. These include the statute of limitations, which imposes a time limit for filing lawsuits. This limit is set to ensure that claims are filed when evidence is still available and the memories of witnesses are fresh. A lawsuit filed after the statute of limitations has expired will be dismissed, even if it has a strong legal basis.

For birth injury victims the statute of limitation may be especially important. A successful case can result in compensation for the victim's present and future medical expenses, lost wages due to missing work to take care of their child, as well as emotional anxiety. In certain cases the judge or jury may also award punitive damages to punish defendants for their extreme carelessness.

Birth injuries victims should have a New York attorney familiar with these kinds of claims. They can conduct investigations and gather evidence to make a case of negligence, negotiate a settlement, or go to court if required. In some instances the defendant could try to dismiss a case claiming that the statute of limitation has expired. A lawyer can quickly determine when this is the case. If the case involves public hospitals, which are operated by the state, local or federal governments the possibility of a separate, and shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and facts of a medical malpractice case. They can also offer professional or expert opinions that help the jury to make a choice. They can make this claim because their knowledge and expertise is more thorough and reliable than that of a layperson or someone who has no medical training.

A lawyer can engage an expert witness who will examine medical records, provide an opinion and help the lawyer put together the case. The expert witness would then sign an affidavit and testify in court about their findings. An expert can be an employee of a hospital or health care provider at the defendant's facility or an outsider.

Expert testimony should reflect the state of medical knowledge at the time of event in the case. The expert should not condemn or condone performance within the generally accepted guidelines of practice. Experts should be prepared and able to send transcripts from depositions or courtroom testimony to their peers for review. They should not be a part of contracts that state that the costs for expert testimony are too expensive in comparison to the time and efforts involved.

Parents of a child that has suffered a serious birth trauma may seek damages to cover the costs they'll incur for the care of their child, as well as any previous expenses that may have been that they have incurred. A steadfast attorney can determine if negligence was the cause of the child's injuries at birth injury lawsuits and seek compensation to alleviate the financial burden of families.