Birth Injury Litigation

Birth injuries can result in serious disabilities that can affect your child's quality of life. The medical treatments they require can be costly and take a long time.

A competent lawyer will file your lawsuit for birth injuries, investigate the incident, gather evidence, and make an argument for negligence. They can also represent you during settlement negotiations or in court if needed.

Settlements

In more than 90 percent of medical malpractice cases, plaintiffs and defendants agree to an agreement to settle the case prior to going to trial. This helps both parties avoid costly and stressful court fees, and it gives the plaintiff a promise of compensation. If the trial is not able to be concluded, a jury will decide whether the defendants owe the plaintiff any compensation and the amount of they must pay.

The first step towards receiving financial compensation for birth injuries in your child is to prove the doctor who gave birth to your child had a professional relationship with you and that he violated this duty during the birthing process. You can prove this using medical documents and hospital invoices. Your lawyer must prove that the breach was responsible for your child's injuries.

If you have the evidence the lawyer will then submit an order package to defendants' malpractice carriers. This document includes a written statement detailing the injury suffered by your child and any supporting evidence. The malpractice insurer will examine the request and either accept or deny it. If the demand is rejected, your lawyer will file a lawsuit.

In the event of the outcome of a successful lawsuit for birth injuries the attorney you consult with may recommend placing part of your settlement or award into a special trust for children with special needs. This will enable you to give future funds to your child to cover things like physical therapy, medicine, and home modifications.

Trials

In some cases, attorneys attempt to reach an agreement to settle the issue before going to court. A settlement offers the plaintiff with financial compensation and is a formal agreement that settles the case.

An attorney's team will collect evidence to show that medical professionals did not adhere to a high standard of care, causing an injury. Lawyers representing defendants will collect their own evidence in order to refute assertions. The attorneys will meet to discuss an agreement. If a settlement isn't reached, then the case will go to court.

The trial process may 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 injuries. The winning side could be awarded a substantial 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 possible outcome through each step of the litigation process, from writing the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, or if needed, appeals. They can help you get compensation that will alter your life as well as 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 claim to determine how the injury occurred and fight for fair compensation.

Statute of limitations

Medical professionals have their own set of rules to adhere to when conducting procedures. These include the statute of limitations which imposes a time limit for filing lawsuits. This limit is meant to ensure that claims can be filed while evidence is still available and witnesses' memories are still fresh. A lawsuit that is filed after the statute of limitations has expired will be dismissed even in the event that it has a solid legal basis.

For victims of birth injuries, the statute of limitations may be especially important. A successful lawsuit could provide compensation for future and current medical expenses and lost wages resulting from the absence of work in order to take care of the child, as well as emotional anxiety. In certain cases, the juror or judge could also award punitive damage to punish defendants who have displayed an extreme lack of care.

A New York attorney who is well-versed in birth Injury law firms injury claims is required to represent the victims. They can conduct an investigation and gather evidence to prove a case of negligence, negotiate a settlement, or go to court if necessary. In some cases the defendant may attempt to dismiss a lawsuit saying that the time limit has expired. A lawyer should be able quickly determine whether this is the case. If the situation involves a public hospital, which are operated by local or federal government, separate and potentially much shorter time limits for statute of limitations could apply.

Expert Witnesses

In the case of medical malpractice, experts can help judges and juries understand evidence and facts in the case. They may also offer specialized or professional opinions to help the jury to make a choice. They are able to do this because their knowledge is more reputable and detailed than the knowledge of a layperson or someone without medical training.

A legal representative may retain an expert witness to review medical records, offer a testimony, and assist the lawyer in putting together the case. The expert will sign an affidavit and then appear in court. An expert could be an internal employee of the defendant's hospital, health care system, or a person who is not associated with the institution.

An expert's report should reflect the state of medical knowledge at the time of the incident. Experts should not criticize or condone the performance of a physician within generally accepted standards of practice. Experts should be prepared to provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not sign agreements where the fees for their expert testimony are inordinately high in relation to their time and effort.

Parents who have a child who suffers a serious birth injury lawyer injury can seek damages for the future medical care their child will require as well as past expenses they have already paid to provide care for the child. An experienced attorney can determine whether negligence was involved in the child's injury at birth and secure compensation that can reduce the financial burden for families.