Birth Injury Litigation

Birth injuries can result in serious disabilities that can affect your child's quality of living. Medical treatments can be costly and long.

A competent lawyer can file your birth injury lawsuit to investigate the incident, gather evidence, create the case for negligence, and also represent you in settlement negotiations or at trial in the event of a trial.

Settlements

In the majority of medical malpractice cases, the defendant and plaintiff reach an agreement before the case is even tried. Both parties are able to avoid the expensive and stressful court fees and receive compensation for the plaintiff. If a trial isn't possible, a jury can decide whether the defendants are accountable to compensate the plaintiff and how much.

The first step to receive 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 did not fulfill this duty during the birthing process. This can be done with medical records and hospital bills. Your lawyer must prove that the breach was responsible for your child's injuries.

Once you have the evidence, your attorney will send a set of demands to the malpractice insurers of the defendants. The demand package will contain a comprehensive letter describing your child's injuries along with supporting documents. The malpractice carrier will then review the demand and either accept or reject it. If the demand is denied, your lawyer will file suit.

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

Trials

In some cases, lawyers may try to find a solution to the issue prior to going to court. A settlement is an agreement formalized that resolves a dispute and pays compensation to the plaintiff.

An attorney's team will seek evidence to prove medical experts didn't adhere to a strict standard of care and caused injury. Lawyers representing the defendants will gather evidence of their own to prove the assertions. The attorneys will meet to negotiate a settlement. If a settlement isn't reached, the case will go to trial.

The trial process could take months or years to complete. It can be stressful, risky, and painful for plaintiffs as they go through the trauma of their child's Birth injury law firms trauma. The winning side may be awarded a huge verdict. The losing side can appeal the decision.

A skilled birth injury lawyer can make a huge difference in your case. A legal professional can help you get the best outcome at every step of the legal process, starting with the creation of the demand letter to filing the lawsuit, discovery, settlement negotiations and trial, and should it be necessary, appeals. They can help you receive compensation that will transform your life, and the lives of your family. A lawyer can also provide a network of expert witnesses to support 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

The medical profession has its own set of rules that must be followed when performing procedures. This includes the statute of limitation that sets a time limit for filing lawsuits. This limitation is intended to ensure that claims are filed while evidence in the physical remains and witnesses' memories are fresh. Even if the suit has an established legal foundation the case will be dismissed if filed after the statute has expired.

For victims of birth injuries the statute of limitations could be particularly crucial. A successful case can result in 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 birth injury law firms emotional anxiety. In certain cases the judge or jury may also award punitive damages intended to punish defendants for extreme inattention to detail.

A New York attorney who is experienced in birth injury claims is required to represent the victims. They can investigate the incident and gather evidence, make an argument for negligence, and negotiate a settlement or go to trial if needed. In some instances, a defendant may try to dismiss a lawsuit claiming that the statute of limitation is over. A lawyer should be able to quickly determine if this is the situation. If the situation involves a public hospital that is managed by local government, state or federal authorities, separate and potentially much shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and the facts of the medical malpractice case. They may also offer professional or specific opinions to help jurors decide. They are able to offer their opinions because their knowledge is more reliable and precise than those of a layperson or someone without medical training.

A legal representative can retain an expert witness to review medical records, give an account and assist the lawyer to put together the case. The expert would then be required to sign an affidavit as well as testify in court about their findings. An expert could be an internal employee of the defendant's hospital, health care system, or an individual outside that institution.

The expert's opinion must reflect the current state of medical knowledge at the time of the hearing. Experts should not denounce actions that fall within generally accepted practices or allow for performance that is in violation of the standards. Experts should be prepared to submit transcripts of depositions and courtroom testimony for peer review. They should not sign agreements where the fees for expert testimony are excessively expensive in comparison to the time and effort.

Parents of a child who has suffered a severe birth injury law firm trauma can seek damages to cover the future costs they'll be liable to care for their child, as well as any previous expenses that may were paid for. A determined lawyer can determine if negligence was the cause of the child's injuries at birth and seek compensation to alleviate the financial burden of a family.