Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact the quality of life of your child. The medical treatments they require can be costly and long.

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

Settlements

In more than 90 percent of medical malpractice cases, the plaintiffs and defendants sign an agreement for settlement prior to going to trial. This lets both parties avoid the burdensome and costly court costs, and provides the plaintiff with a guarantee of a fair settlement. If a trial is not possible, a jury decides whether the defendants have a duty to pay compensation and how much.

The first step in obtaining the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your child had a an professional relationship with you and violated this obligation during the birthing procedure. You can do this by using medical documents and hospital invoices. Your lawyer will need to collect evidence that the breach was responsible for your child's injuries.

If you have evidence, your lawyer will send a set of demands to the malpractice insurance companies of the defendants. The document will include a letter detailing the injury suffered by your child along with supporting documentation. The malpractice carrier will then examine the request and either accept or reject it. If the demand is rejected, your lawyer will bring a lawsuit.

In the event of a successful birth injury lawsuit your lawyer may suggest placing the proceeds of your settlement or award into a special trust for children with special needs. This will permit your child to access funds in the future for things like medicines physical therapy, home modifications.

Trials

In some cases, attorneys attempt to come to an agreement on how to settle the matter before going to court. A settlement is an agreement that is formal and resolves the case and offers compensation to the plaintiff.

A team of lawyers will gather evidence to show that medical professionals did not provide a high level of care and caused injury. The lawyers representing the defendants will also gather their own evidence to refute the claims. The attorneys will meet to discuss for a settlement. If a settlement cannot be reached, the case will go to trial.

The trial process could be lengthy or take years to be completed. Plaintiffs might experience stress, pain and danger as they revisit their child's birth injury law firms injury trauma. The winner could be awarded a substantial verdict. A losing party could appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A legal professional can ensure the best outcome through every step of the litigation process, from drafting the demand letter to filing the lawsuit as well as settlement negotiations, discovery and trial, or in the event of an appeal, if necessary. They can assist you in getting life-changing compensation for your family's needs. A lawyer can provide you with a a network of experts to help you with your claim. The legal team of Lipsitz Green will investigate the case to determine the cause and fight for fair settlement.

Statute of limitations

Medical professionals have their own set of rules they must adhere to in their procedures. This includes the statute of limitations that sets a time limit for filing lawsuits. This limitation is intended to ensure that claims are filed when physical evidence remains available and witnesses' memories are fresh. A lawsuit filed after the statute of limitations has expired will be dismissed, even in the event that it has a solid legal basis.

For birth injury victims the statute of limitation is particularly important. A successful claim can provide compensation for the victim's present and future medical expenses, lost wages due to missing work to care for their child, as well as emotional stress. In certain cases a judge or jury will also award punitive damages to penalize defendants who have committed a grave negligence.

A New York attorney who is familiar with birth injury attorneys injury claims should represent victims. They are able to investigate the incident and gather evidence, create an argument for negligence and negotiate a settlement or go to trial if needed. In certain instances there is a possibility that a defendant will attempt to dismiss a lawsuit arguing that the statute of limitations has expired. A lawyer can determine quickly whether this is the case. If the situation involves a public hospital that is managed by local government agencies, whether federal or state-based there could be separate and shorter statute of limitation periods could apply.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and the facts of the medical malpractice case. They may also offer specialized or professional opinions that help the jury to make a choice. They are able to do this because their experience and expertise is more specific and reliable than a layperson or someone who has no medical training.

Legal representatives can hire an expert witness to examine medical records, provide testimony and assist the lawyer to put together the case. The expert would then be required to sign an affidavit, and testify in court regarding their findings. An expert could be an internal employee of the defendant's hospital or health care system, or someone outside of the institution.

Expert testimony should reflect the current state of medical knowledge at the time of incident. The expert should not denounce or condone performance within the generally accepted standards of practice. Experts should be prepared and able to submit transcripts of depositions and courtroom testimony to their peers for review. They should not enter into contracts in which the fees for their expert testimony are inordinately high relative to their time and effort.

Parents who have a child suffering from a severe birth injury can seek damages for the future care that the child will require and for any previous expenses they have already incurred to provide care for the child. A reliable attorney can determine if negligence caused the child's birth injury and can secure compensation to ease the financial burden on a family.