Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact your child's quality of living. Medical treatments can be costly and take a long time.

A competent lawyer can start a lawsuit for birth injuries and investigate the incident to gather evidence, present a case for negligence and represent you in settlement negotiations or at trial if necessary.

Settlements

In the majority of medical malpractice cases, the plaintiff and defendant negotiate a settlement before the case is tried. Both parties are able to avoid the high and stressful court costs and receive compensation for the plaintiff. If a trial isn't possible, a jury can decide whether the defendants are accountable to pay compensation and what amount.

The first step towards receiving financial compensation for a Birth Injury Law Firms injury in your child is proving the doctor who gave birth to your child had a professional relationship with you, and that he breached this duty during the birthing process. This can be done by using medical records and hospital invoices. Your lawyer will also have to find evidence that shows the breach caused your child's injuries.

If you have evidence, your lawyer will submit a package of demands to the malpractice insurance carriers of the defendants. This document contains a thorough letter describing your child's injuries along with supporting documents. The malpractice insurer will go through the request and either accept it or reject it. If the demand is denied the lawyer will file a lawsuit.

In the event of an outcome in a birth injury lawsuit your lawyer may suggest placing the proceeds of your settlement or award in a special trust for children with special needs. This will allow you to provide future funds to your child for things like physical therapy, medicine and home modifications.

Trials

In some cases, attorneys will try to reach an agreement to settle the issue prior to going to court. Settlements offer an amount of money to the plaintiff and results in an official agreement that resolves the case.

An attorney's team will gather evidence to prove medical professionals didn't meet a certain standard of care and triggered an injury. Lawyers representing the defendants will also gather evidence to counter the claims. The attorneys will then meet with one the other to negotiate a settlement amount. If a settlement isn't reached, the case will go to trial.

The trial process can last for months or even years to complete. Plaintiffs could suffer from pain, stress and risk as they relive their child's birth injury trauma. The winning side could be awarded a substantial verdict. A losing party may appeal the decision.

A knowledgeable 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 creation of demand letters to filing lawsuits or discovery, settlement negotiations, trial, or appeals, if necessary, a legal professional can ensure the most favorable outcome. They can help you obtain an award that will change your life for your family's needs. A lawyer can also help you establish a a network of expert witnesses to support your claim. The legal team at Lipsitz Green will investigate the case to determine the cause and fight for a fair compensation.

Statute of Limitations

The medical profession has its own set of rules to be adhered to in all procedures. This includes the statute of limitations which establishes a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed when evidence is still available and witnesses' memories are fresh. Even if the suit has a solid legal foundation the case is dismissed if it is filed after the statute has expired.

The statute of limitations can be 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 being away from work to care for their child, and emotional anxiety. In certain cases a judge or jury may also award punitive damages intended to penalize defendants who have committed a grave negligence.

A New York attorney who is adept at defending birth injuries is required to represent the victims. They can investigate the incident, gather evidence, create a case for negligence, and settle the case or go to trial if necessary. In certain cases the defendant could try to dismiss a case claiming that the statute of limitations has expired. A lawyer should be able to quickly determine whether this is the situation. If the case involves public hospitals which are managed by the state, local or federal government the possibility of a separate, and shorter statute of limitations could apply.

Expert Witnesses

In an instance of medical malpractice, experts can help jurors and judges to understand the evidence and the facts of the case. They also offer professional or expert opinions to help jurors make a decision. They are permitted to do this because their experience and expertise is more specific and reputable than an average person or someone who has no medical training.

Legal representatives can enlist an expert witness to examine medical records, provide an account and assist the lawyer to put together the case. The expert would then sign an affidavit as well as testify in court about their findings. An expert could be an employee of a hospital or health care professional from the defendant's institution, or an outsider.

An expert's report should reflect the state of medical knowledge at the time of the event in the case. The expert should not denigrate or condone performance within the generally accepted guidelines of practice. Experts should be willing and able submit transcripts from depositions or courtroom testimony to their peers for review. They should not be a part of contracts that state that the costs for expert testimony are too high in comparison to the time and efforts involved.

Parents of a child who has suffered a serious birth trauma can seek damages to pay for the future expenses they will incur to care for their child and any past expenses that have been caused. A lawyer who is steadfast will determine if negligence the cause of a child's birth injury and secure compensation to ease the family's financial burden.