Birth Injury Litigation

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

A competent lawyer can file your birth injury lawsuit, investigate the incident and gather evidence, present a case for negligence and assist you in settlement negotiations or at trial if needed.

Settlements

In more than 90% of medical malpractice cases, the plaintiffs and defendants agree to an agreement for settlement before going to trial. This allows both parties to avoid the burdensome and costly court fees, and it provides the plaintiff with a guarantee of compensation. If the trial is not able to be concluded the jury will decide if the defendants owe the plaintiff compensation and how much the amount they are required to pay.

The first step toward receiving financial compensation for your child's birth injury is proving that the doctor you hired to deliver your baby was in an official relationship with you and violated that obligation during the birthing process. This can be accomplished through medical documents and hospital bills. Your lawyer will have to collect evidence that the breach caused the injuries to your child.

Once you have the evidence, your attorney will send a set of demands to the malpractice insurance carriers of the defendants. The document will include a detailed letter that describes the injuries your child sustained along with any supporting documents. The malpractice company will go through the request and either accept or reject it. If the demand is rejected the lawyer will bring a lawsuit.

In the event of a successful birth injury lawsuit your lawyer may suggest placing some of the settlement or award into a special trust for children with special needs. This will allow you to provide future funds to your child to cover things such as physical therapy, medicine, and home modifications.

Trials

In some cases lawyers will attempt to reach a deal to settle the issue without going to court. A settlement is an agreement in writing that settles the matter and also provides compensation to the plaintiff.

An attorney's team will seek evidence to show that medical professionals did not adhere to a high standard of care and caused injury. Lawyers for the defendants also gather their own evidence to refute the claims. The attorneys will meet to discuss for a settlement. If a settlement isn't reached, then the case will go to court.

The trial process may take months or years to be completed. Plaintiffs may experience stress, pain and anxiety as they try to relive their child's birth injury trauma. The winning party could win a substantial amount. But, a party that loses can appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can help you achieve the best possible outcome throughout the litigation process. From the writing of the demand letters, to filing the lawsuits or discovery, settlement negotiation or appeals when necessary an attorney will ensure the highest possible outcome. They can help you get an award that will change your life for your family's requirements. A lawyer can also help you establish a a network of expert witnesses to back your claim. The legal team at Lipsitz Green will investigate your case to determine how the injury occurred and fight for fair compensation.

Statute of limitations

The medical profession has its own set of rules that must be followed during procedures. This includes the statute of limitations, which has a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed while evidence is still accessible and witnesses' memories are fresh. Even if the suit has a solid legal foundation the case will be dismissed if filed after the statute of limitations has expired.

For birth injury victims, the statute of limitations is particularly important. A successful lawsuit can offer compensation for the victim's present and future medical expenses as well as lost wages due to being away from work to take care of their child, as well as emotional stress. In certain cases, the jury or judge may also award punitive damages to punish defendants who have shown excessive negligence.

A New York attorney who is familiar with birth injury lawyers injury claims should represent victims. They can conduct investigations and gather evidence to make a case of negligence or negotiate a settlement or take the case to court if required. In certain instances, a defendant might attempt to dismiss a case by arguing that the time limit has expired. A lawyer will be able to swiftly determine if this is the case. If the situation involves public hospitals which are operated either by local, state or federal government the possibility of a separate, and shorter time limit could be in place.

Expert Witnesses

Expert witnesses can help juries and judges to understand the evidence and the facts of the medical malpractice case. They can also offer specialized or professional opinions to help jurors decide. They are able to do this because their experience and expertise is more precise and reliable than the average person or one who has no medical education.

A lawyer may hire an expert witness to look over medical records, provide testimony, and assist the lawyer in preparing the case. The expert would then be required to sign an affidavit as well as testify in court regarding their findings. An expert could be an employee of the defendant's hospital, health care system, or an individual who is not employed by the institution.

An expert's testimony should reflect the current state of medical knowledge at the time of event in the case. Experts should not rebuke the performance that is within generally accepted practice standards or allow for performance that is in violation of those standards. Experts should be willing and able to provide transcripts of depositions or courtroom testimony to peers to be reviewed. They should not sign agreements where the fees for their expert testimony are excessively high relative to their time and effort involved.

Parents who have a child who has suffered a serious birth injury may be able to seek compensation for future care that the child will require and also for past expenses they have already paid for the care of the child. A determined lawyer can determine if negligence was the cause of the child's birth injury and obtain compensation that will ease the financial burden on the family.