Birth Injury Litigation

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

A competent lawyer will bring a birth injury lawsuit as well as investigate the incident, gather evidence, present an argument for negligence and represent you during settlement negotiations or in court if needed.

Settlements

In the majority of medical malpractice lawsuits the plaintiff and defendant reach a settlement prior to the case is heard. This helps both parties avoid costly and stressful court costs, and provides the plaintiff with a guarantee of compensation. If a trial isn't possible, a jury can decide whether the defendants are responsible to pay compensation and how much.

The first step to receiving financial compensation for birth injuries in your child is proving the doctor who gave birth to your baby had a professional relationship with you and that he acted in breach of this duty during the birthing procedure. This can be accomplished through medical documents and hospital bills. Your lawyer will also have to gather evidence that the breach caused the injuries to your child.

If you have the evidence and your lawyer has it, they will send a demand form to the plaintiffs' malpractice insurers. The document will include a letter detailing your child's injuries, and any supporting evidence. The malpractice insurance company will go through the request and either take it up or reject it. If the demand is rejected your lawyer will file suit.

Your lawyer may suggest that in the event of a successful lawsuit involving birth injury, a portion of the settlement or award is put into a special needs fund. This will enable your child to have access to future funds for things like medicines, physical therapy and home modifications.

Trials

In some instances lawyers may try for a settlement in order to resolve the matter without having to go to court. Settlements provide an amount of money to the plaintiff and leads to an official agreement that settles the case.

A lawyer's team will collect evidence to prove that medical professionals didn't meet a high standard of care and caused injury. Lawyers representing defendants will gather their own evidence to disprove assertions. The attorneys will then meet one and negotiate a settlement amount. If a settlement cannot be reached, then the case will be taken to court.

The trial process could take months or years to take to. Plaintiffs can be afflicted with pain, stress and danger as they revisit the trauma of their child's birth. The winning side may be awarded a huge verdict. The losing side can appeal the decision.

A birth injury lawyer with experience can make a huge difference in your case. A legal professional can help you get the best outcome at every stage of the litigation process, from writing the demand letter to filing the lawsuit, discovery, settlement negotiations and trial, or in the event of an appeal, if necessary. They can help you get compensation that will alter your life and the lives of your family. A lawyer can connect you to a experts to help support your claim. The legal team at Lipsitz Green will investigate the incident to determine what went wrong and fight for fair compensation.

Statute of limitations

Medical professionals have their own set of rules that they must follow when conducting procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limit is set to ensure that claims are filed in the time evidence in the physical remains and the memories of witnesses are fresh. Even if the lawsuit is based on a solid legal basis it will be dismissed if filed after the statute has expired.

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

Victims of birth injuries must have a New York attorney familiar with these kinds of claims. They can investigate and collect evidence to support a claim of negligence, negotiate a settlement, or go to court when required. In certain cases the defendant might try to dismiss a lawsuit claiming that the statute of limitation has run out. A lawyer should be able to quickly determine if this is the case. If the case involves public hospitals, which are managed by local, state or federal government, a separate and possibly much shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges comprehend the evidence and facts of a medical malpractice case. They can also provide professional or specific opinions to help jurors make a decision. They are able to do so because their expertise is more reliable and detailed than that of a layperson, or someone with no medical training.

A legal representative may retain an expert witness to look over medical records, give a testimony, and assist the lawyer in putting together the case. The expert would then sign an affidavit, and testify in court regarding their findings. An expert could be a hospital employee or health care provider at the defendant's facility, or an outsider.

The expert's report must reflect the current medical knowledge in the case at the time. The expert should not denounce or condone performance within the generally accepted guidelines of practice. Experts should be prepared and able to provide transcripts of depositions and 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 too high compared to their time and efforts involved.

Parents of children suffering from a severe birth injury may be able to seek compensation for the future care that the child will require, and for any previous expenses they have already paid for the care of the child. A lawyer who is committed will determine if negligence at play in the birth injury and seek compensation to ease the family's financial burden.