Birth Injury Litigation

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

A competent lawyer will file your birth injury lawsuit, investigate the incident and gather evidence, present a case for negligence and represent you during settlement negotiations or in court in the event of a trial.

Settlements

In more than 90 percent of medical malpractice cases, plaintiffs and defendants sign a settlement agreement before going to trial. Both parties can avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial is not feasible, a jury will decide whether the defendants are accountable to pay compensation and what amount.

The first step in obtaining financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your baby was in a professional relationship with you and violated this obligation during the birthing process. You can prove this by using medical records and hospital invoices. Your lawyer will have to prove that the breach led to your child's injuries.

If you have the evidence and your lawyer has it, they will send a demand package to the defendants' malpractice insurance carriers. The document will include a letter detailing the child's injuries as well as supporting documentation. The malpractice insurance company will look over the request and decide whether to take it or leave it. If the demand is rejected, your lawyer will file a lawsuit.

If you are the victim of a successful birth injury lawsuit Your attorney might suggest placing some of the settlement or award into a special trust for children with special needs. This will allow your child to use the funds to fund things like medicine or physical therapy as well as home modifications.

Trials

In certain instances lawyers will attempt for a settlement in order to settle the issue without going to court. Settlements offer financial compensation to a plaintiff and results in an official agreement that resolves the matter.

A team of attorneys will collect evidence to prove that medical professionals failed to meet the requirements for a high standard of care and aggravated injuries. The lawyers representing the defendants will also gather evidence to counter the claims. The attorneys will then sit down with each and negotiate the amount of settlement. If no settlement can be reached, the case will go to court.

The trial process could take months, or years to be completed. Plaintiffs could be afflicted with pain, stress and danger as they revisit their child's birth injury trauma. The winner may be awarded a large award. However, a losing party can appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. Legal professionals can guarantee the best outcome through every step of the litigation process, from writing the demand letter to filing the lawsuit, discovery, settlement negotiations and trial, or should it be necessary, appeals. They can help you obtain life-changing compensation for your family's requirements. A lawyer can provide you with a a network of experts to help you with your claim. The legal team at Lipsitz Green will investigate the case to determine what transpired and fight for reasonable amount of compensation.

Statute of Limitations

The medical profession has its own set of rules to be adhered to when performing procedures. This includes the statute of limitations, that imposes a deadline for filing lawsuits. This limitation is designed to ensure that claims are filed in the time physical evidence remains available and witnesses' memories are fresh. Even if the lawsuit has a solid legal basis it can be dismissed if it is filed after the statute of limitations has expired.

For birth injury victims the statute of limitations can be crucially important. A successful claim can provide compensation for the victim's current and future medical expenses, lost wages due to being away from work to care for their child, and emotional anxiety. In some cases, a jury or judge will also award punitive damages to penalize defendants who have committed a grave inattention to detail.

A New York attorney who is familiar with birth injury claims is required to represent the victims. They can conduct an investigation and gather evidence to support a claim of negligence, negotiate a settlement, or even go to court if required. In certain situations there is a possibility that a defendant will attempt to dismiss a lawsuit claiming that the statute of limitations has expired. A lawyer can quickly determine whether this is the case. If the situation involves public hospitals that are run by state, local, or federal governments there is a separate and shorter statute of limitations could be in place.

Expert Witnesses

In the event of a medical malpractice case experts can help judges and juries understand the evidence and facts in the case. They may also offer specialized or professional opinions to help the jury to make a choice. They are permitted to do this because their knowledge is more reliable and thorough than that of a layperson or someone who has no medical education.

Legal representatives can enlist an expert witness who will examine medical records, provide an account and assist the lawyer with the case. The expert witness would then sign an affidavit and testify in court regarding their findings. An expert could be an employee of a hospital or health care provider from the defendant's institution, or an outsider.

The testimony of an expert should reflect the state of medical knowledge at the time of the incident. Experts should not rebuke any practice that is not in line with generally accepted practice standards, nor should they 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 their peers to be reviewed. They should not be a part of contracts where the fees for expert testimony are too expensive in comparison to the time and efforts involved.

Parents of children who has suffered a serious birth injury attorneys injury may be able to seek compensation for future medical care their child will require as well as past expenses they have already paid to care for the child. A reliable attorney can determine whether negligence was the cause of the child's birth injury and secure compensation that can reduce the financial burden for a family.