Birth Injury Litigation

Birth injuries can lead to serious disabilities that can affect the quality of life of your child. The medical treatments they require can be expensive and lengthy.

A good lawyer can make a birth injury lawsuit, investigate the incident and gather evidence, present a case for negligence and represent you in settlement negotiations or at trial should it be necessary.

Settlements

In a majority of medical malpractice lawsuits the plaintiff and defendant agree to an agreement prior to the case is tried. This lets both parties avoid expensive and stressful court costs, and gives the plaintiff a guarantee of a fair settlement. In the event that a trial cannot be reached, a jury will determine whether the defendants owe plaintiff any compensation and the amount of the amount they are required to pay.

The first step towards receiving financial compensation for birth injuries for your child is to establish that the doctor who gave birth to your baby had a professional relationship with you and that he acted in breach of this obligation during the birthing process. You can prove this using medical documents and hospital invoices. Your lawyer will need to collect evidence that the breach led to your child's injuries.

Once you have the evidence, your attorney will then submit a list of demands to the malpractice insurance carriers of the defendants. The document will include a detailed letter that outlines the child's injuries along with any supporting documents. The malpractice insurer will review the request, and then either accept or reject it. If the demand is denied your lawyer will file suit.

Your attorney may recommend that, in the event of a successful lawsuit to remedy birth injury, a part of the settlement or award is placed into a special needs fund. This will permit your child to have access to future funds for things like medicine or physical therapy as well as home modifications.

Trials

In certain cases, lawyers will try to negotiate a settlement to resolve the matter without a court appearance. A settlement provides an amount of money to the plaintiff and is a formal agreement that settles the case.

A team of attorneys will collect evidence to prove that medical professionals did not adhere to a high level of care and caused injury. Lawyers for the defendants also collect evidence to counter the claims. The attorneys will then sit down with each other to negotiate an amount for settlement. If a settlement can't be reached, the case will go to trial.

The trial process can take a long time to complete. It can be stressful, risky, and painful for plaintiffs, as they experience the trauma of their child's birth trauma. The winning side could be awarded a huge verdict. However, a losing party could appeal the decision.

A skilled birth injury lawyer can make a huge difference in your case. A lawyer can help you get the best possible outcome at every stage of the litigation process. From drafting the demand letters, to filing the lawsuits and discovery, settlement negotiations, trial, or appeals when necessary a lawyer will ensure the best possible outcome. They can help you obtain compensation that will alter your life and that of your family members. A lawyer can connect you to a an expert network to support your claim. The legal team at Lipsitz Green will investigate the case to determine what happened and fight for fair settlement.

Statute of Limitations

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

The statute of limitations can be important for victims of birth injuries. A successful claim could result in compensation for the victim's current and future medical expenses as well as lost wages due to having to work in order to take care of their child, as well as emotional stress. In some cases a judge or jury may also award punitive damages to punish defendants for extreme carelessness.

Victims of birth injuries should have a New York attorney familiar with these kinds of claims. They can conduct an investigation and gather evidence to establish a case of negligence, negotiate a settlement, or take the case to court if required. In certain situations an accused party may try to dismiss a case by arguing that the statute of limitations has expired. A lawyer should be able to quickly determine whether this is the case. If the situation involves public hospitals which are managed by state, local, or federal governments there is a separate and shorter time limit could be in place.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and the facts of a medical malpractice case. They can also provide specialized or professional opinions to assist jurors decide. They are permitted to do this because their knowledge and expertise is more specific and trustworthy than an average person or someone who is not a medical professional.

A legal representative can retain an expert witness who will review medical records, give an opinion and help the lawyer in putting together the case. The expert witness would then sign an affidavit and testify in court about their findings. An expert can be a hospital employee or health care provider at the institution of the defendant or an outsider.

The expert's testimony must reflect the current state of medical knowledge available at the time. The expert should not denounce or accept the practice as a whole within generally accepted standards of practice. Experts should be prepared to provide deposition transcripts as well as courtroom testimony for peer review. They should not sign any contracts where the fees for expert testimony are excessively expensive compared to the time and effort.

Parents of a child who suffered a severe birth trauma can seek damages to cover the cost they'll be liable for their child's medical care and any previous expenses that may have been incurred. A reliable attorney can determine if negligence was the cause of the child's birth injury and seek compensation to reduce the financial burden for a family.