Birth Injury Litigation

Birth injuries can lead to severe disabilities and impact the quality of life for your child. Medical treatments can be expensive and take a long time.

A reputable lawyer can start a lawsuit for birth injuries as well as investigate the incident, gather evidence, create the case for negligence, and assist you in settlement negotiations or in court in the event of a trial.

Settlements

In the majority of medical malpractice cases, the plaintiff and defendant reach a settlement before the case goes to trial. Both parties are able to avoid the high and stressful court costs and receive compensation for the plaintiff. If a trial isn't feasible, a jury determines whether the defendants have a duty to pay compensation and what amount.

The first step towards receiving financial compensation for a progreso birth injury law firm injury in your child is to prove the doctor who delivered your baby had an established professional relationship with you, and that he acted in breach of this obligation during the birthing procedure. You can prove this using medical documents and hospital invoices. Your lawyer will have to prove that the breach led to your child's injuries.

If you have the evidence Your lawyer will then send an offer to the defendants' malpractice companies. This document includes a letter detailing the injury suffered by your child together with the supporting documentation. The malpractice insurance company will review the demand, and decide whether to accept or deny it. If the demand is rejected the lawyer will file a lawsuit.

Your lawyer may suggest that, in the event of a successful lawsuit to remedy birth injury, a portion of the settlement or award be put into a special needs fund. This will permit your child to use the funds to fund things like medicine physical therapy, home modifications.

Trials

In some cases lawyers may try to reach a deal to settle the issue without going to court. Settlements provide an amount of money to the plaintiff and is a formal agreement that ends the case.

A team of lawyers will gather evidence to prove that medical professionals did not adhere to the requirements for a high standard of care and aggravated injuries. Lawyers representing defendants will collect evidence on their own to prove the assertions. The attorneys will meet to discuss the terms of a settlement. If a settlement can't be reached then the case will go to trial.

The trial process could take months, or years to be completed. It can be stressful, risky and painful for plaintiffs who have to relive the trauma of their child's birth injuries. The winning party may receive a substantial amount. A losing party may appeal the decision.

A skilled indiana birth injury law firm injury lawyer can make all the difference in your case. A legal professional can ensure the best possible outcome through each step of the legal process, starting with the creation of the demand letter to filing the lawsuit and discovery, settlement negotiations and trial or, when necessary, appeals. They can assist you in getting the life-changing amount of compensation your family requirements. A lawyer can provide you with a network of experts to support 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

The medical profession has its own set of rules to be adhered to when performing procedures. These include the statute of limitations, which imposes a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed while evidence is still available and witnesses' memories are fresh. A lawsuit that is filed after the time limit has expired will be dismissed even if it has a strong legal basis.

The statute of limitations is important for birth injuries. 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 care for their child, as well as emotional stress. In certain cases, a jury or judge may also award punitive damages to punish defendants for extreme inattention to detail.

Victims of birth injuries must have a New York attorney familiar with these kinds of claims. They can investigate the incident and gather evidence, present an argument for negligence and negotiate a settlement or go to trial if necessary. In some instances, a defendant may try to dismiss a lawsuit by claiming that the statute of limitations has passed. A lawyer is able to determine whether this is the situation. If the situation involves public hospitals that are run by local, state or federal authorities, a separate and possibly shorter statute of limitations could apply.

Expert Witnesses

In an instance of medical malpractice, expert witnesses can assist judges and juries understand evidence and facts in the case. They are also able to provide expert opinions or conclusions to help them make an informed decision. They are able to do this because their knowledge is more reliable and detailed than the knowledge of a layperson or someone who is not trained in medical sciences.

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

The expert's testimony should reflect the current state of medical knowledge at the time. Experts should not denounce the performance that is within generally accepted practice standards, nor should they allow for performance that is in violation of those standards. Experts should be able to provide deposition transcripts as well as courtroom testimony for peer review. They should not sign contracts in which the fees for their expert testimony are disproportionately high in relation to their time and effort involved.

Parents of a child who has suffered a serious birth trauma can seek damages to cover the future costs they'll incur for their child's care and any previous expenses that may were incurred. A determined lawyer can determine if negligence was the cause of the child's injury at birth and can secure compensation to reduce the financial burden for families.