Birth Injury Litigation

Birth injuries can cause severe disabilities and impact the quality of life for your child. The medical treatments they require could be costly and long.

A competent 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 if necessary.

Settlements

In a majority of medical malpractice lawsuits the plaintiff and defendant negotiate a settlement prior to the case is tried. Both parties are able to avoid the costly and stressful court fees and receive compensation for the plaintiff. In the event that a trial cannot be reached, a jury will decide if the defendants owe the plaintiff compensation and how much the amount they are required to pay.

The first step in obtaining the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your baby had an established professional relationship with you, and he violated the duty of care during the birthing procedure. This can be done by using medical documents and hospital invoices. Your lawyer will also have to collect evidence that proves the breach resulted in your child's injuries.

Once you have this evidence Your lawyer will then send a demand form to the defendants' malpractice carriers. This document includes a written statement detailing the child's injuries and any supporting evidence. The malpractice insurer will go through the request and either take it up or reject it. If the demand is rejected by your lawyer, they will bring a lawsuit.

If you are the victim of an outcome in a birth injury lawsuit Your attorney might suggest placing the proceeds of your settlement or award in a special trust for children with disabilities. This will allow your child to access funds in the future for things such as medicine, physical therapy and home modifications.

Trials

In some cases, attorneys will attempt to come to an agreement on how to settle the issue before taking it to court. A settlement is an agreement formalized that resolves the case and offers compensation to the plaintiff.

A team of attorneys will collect evidence to prove that medical professionals did not adhere to the standards of care and caused injuries. Lawyers for defendants also gather their own evidence in order to refute assertions. The attorneys will then meet with each and negotiate the amount of settlement. If a settlement isn't reached, then the case will go to the court.

The trial process could take months or years to complete. Plaintiffs can suffer from pain, stress and even risk when they recall the trauma of their child's birth. The winning side could be awarded a large verdict. A losing party can appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can assist you to get the best possible outcome throughout the litigation process. From the creation of demand letters, to filing the lawsuits or discovery, settlement negotiation or appeals, if necessary A legal professional will ensure the best possible outcome. They can help you obtain compensation that can change your life and the lives of your family. A lawyer can provide you with a an expert network to back your claim. The legal team at Lipsitz Green will investigate your case to determine how the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules they must adhere to when conducting procedures. This includes the statute of limitation, which sets a deadline for filing lawsuits. This limit is set to ensure that claims are filed when physical evidence remains available and the memories of witnesses are fresh. Even if the suit has a solid legal basis the case can be dismissed if it is filed after the statute has expired.

For victims of birth injuries the statute of limitations is particularly important. A successful claim could result in compensation for the victim's present and future medical expenses or lost wages as a result of having to work in order to take care of their child, and emotional distress. In certain circumstances, birth injury lawyer a judge or jury may also award punitive damage to punish defendants who have demonstrated extreme negligence.

A New York attorney who is familiar with birth injury claims should represent victims. They can investigate the accident and gather evidence, make a case for birth injury lawyer negligence, and settle the case or go to trial if needed. In certain cases, a defendant may try to dismiss a case claiming that the statute of limitations is over. A lawyer can quickly determine whether this is the case. If the situation involves a public hospital that is operated by local or federal government in a different and possibly shorter time-limits may apply.

Expert Witnesses

In a medical malpractice case, expert witnesses can assist jurors and judges to understand the evidence and the facts of the case. They can also offer expert or specialized opinions that 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 is not trained in medical sciences.

A lawyer can engage an expert witness to examine medical records, provide testimony and assist the lawyer put together the case. The expert will sign an affidavit, and then testify in court. An expert could be an internal employee of the defendant's hospital, health care system, or a person outside that institution.

Expert testimony should reflect the state of medical knowledge at the time of event in the case. The expert should not denigrate or condone performance within the generally accepted standards of practice. Experts should be prepared and able submit transcripts of depositions or courtroom testimony to peers to be reviewed. They should not be a part of contracts that state that the costs for expert testimony are too expensive compared to the time and effort.

Parents of a child who has suffered a serious birth trauma can seek damages to cover the future costs they'll incur to care for their child and any previous expenses that may were that they have incurred. A lawyer who stands by his word can determine if negligence responsible for a child's birth injury, and then seek compensation to ease the family's financial burden.