Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact the quality of life of your child. The medical treatment they require can be costly and time-consuming.

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

Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants come to a settlement agreement prior to the case going to trial. This allows both parties to avoid the burdensome and costly court costs, and gives the plaintiff a guarantee of a fair settlement. In the event that a trial cannot be reached the jury will decide whether the defendants are liable to pay the plaintiff any compensation and the amount of the amount they are required to pay.

The first step to receiving financial compensation for a birth injury for your child is to establish that the doctor who delivered your child had a professional relationship with you, and that he did not fulfill this obligation during the birthing process. You can do this by using medical records and hospital invoices. Your lawyer will need to collect evidence that the breach caused the injury to your child.

Once you have the evidence, your attorney will send a set of demands to the malpractice insurance carriers of the defendants. This document includes a written statement detailing your child's injuries, along with supporting documentation. The malpractice company will review the demand and either accept it or reject it. If the demand is rejected your lawyer will file suit.

In the event of a successful birth injury lawsuit, your attorney may recommend placing some of the settlement or award into a special trust for children with special needs. This will enable you to make future payments to your child for things such as physical therapy, medication, and home modifications.

Trials

In certain cases lawyers will try for a settlement in order to resolve the matter without a court appearance. Settlements provide the plaintiff with financial compensation and is a formal agreement that ends the matter.

A team of attorneys will collect evidence to prove that medical professionals failed to meet a high level of care and caused injury. Lawyers representing the defendants will collect their own evidence to prove the allegations. The attorneys will then meet with each other to discuss a settlement amount. If a settlement cannot be reached the case will be sent to trial.

The trial process may last for months or even years to be completed. Plaintiffs might feel pain, stress and anxiety as they try to relive the trauma of their child's birth. The winner could be awarded a huge verdict. However, a losing party could appeal the decision.

A skilled lawyer for birth injuries can make a huge difference in your case. A lawyer can guarantee the best outcome at every stage of the litigation process, from writing the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, should it be necessary, appeals. They can help you get life-changing compensation for your family's requirements. A lawyer can provide you with a a network of experts to back your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred and fight for fair compensation.

Statute of limitations

Medical professionals have their own set of rules to follow when conducting procedures. This includes the statute of limitations, which imposes a time limit for filing lawsuits. This limit is designed to ensure that claims are filed as long as physical evidence remains 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.

The statute of limitations is important for victims of birth injuries. A successful claim can provide compensation for the victim's present and future medical expenses and lost wages resulting from having to work in order to take care of their child, and emotional anxiety. In certain instances, the juror or judge could also award punitive damages to punish defendants who have displayed extreme negligence.

A New York attorney who is adept at defending birth injury attorney injuries should represent the victims. They can conduct an investigation and gather evidence to prove a case of negligence, negotiate a settlement, or even go to court if needed. In certain cases there is a possibility for a defendant to dismiss a case claiming that the statute of limitations is over. A lawyer will be able to swiftly determine whether this is the situation. If the case involves public hospitals, which are operated either by state, local, or federal government the possibility of a separate, and shorter time limit may apply.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and the facts of a medical malpractice case. They can also offer professional or expert opinions to help the jury decide. They are allowed to offer their opinions because their expertise is more reliable and precise than that of a layperson or someone who has no medical education.

A legal representative may retain an expert witness to review medical records, provide a testimony, and assist the lawyer in putting together the case. The expert would sign an affidavit, and then testify in the court. An expert could be an employee of the defendant's hospital or health care system, or a person outside of the institution.

The expert's testimony should reflect the current medical knowledge in the case at the time. Experts should not denounce the performance that is within generally accepted practice standards or support performance that is outside of those standards. Experts should be prepared and able to provide transcripts from depositions or courtroom testimony to their peers to be reviewed. They should not enter into contracts where the fees for their expert testimony are excessively expensive in comparison to the time and effort.

Parents of children suffering from a severe birth injury lawyer injury may be able to seek damages for the future medical care their child will require, as well as past expenses they have already paid to provide care for the child. A lawyer who is committed can determine if negligence the cause of a child's birth injury and seek compensation to ease a family's financial burden.