Birth Injury Litigation

Birth injuries can lead to severe disabilities that could affect the quality of life of your child. The medical treatment they require can be costly and take a long time.

A reputable lawyer can make a birth injury lawsuit to investigate the incident, collect evidence, make an argument for negligence and represent you during settlement negotiations or at trial should it be necessary.

Settlements

In more than 90 percent of medical malpractice cases, the plaintiffs and defendants agree to an agreement for settlement before going to trial. This helps both parties avoid costly and stressful court costs, and also gives the plaintiff a promise of compensation. If there is no trial, a jury will determine whether the defendants owe the plaintiff any compensation and the amount of the amount they are required to pay.

The first step to receiving financial compensation for birth injury law firm injuries for your child is to establish that the doctor who gave birth to your baby had a professional relationship with you and that he violated this duty during the birthing procedure. This can be accomplished using medical documents and hospital bills. Your lawyer must find evidence that the breach caused the injuries to your child.

If you have evidence, your lawyer will then submit a list of demands to the malpractice insurance carriers of the defendants. This document includes a letter detailing the injuries suffered by your child, together with the supporting documentation. The malpractice company will look over the request and decide whether to accept or deny it. If the demand is rejected, your lawyer will bring a lawsuit.

Your lawyer could suggest that in the case that a lawsuit is successful for birth injuries, a percentage of the settlement or award be put into a special-needs fund. This will enable your child to use the funds for things like medicine, physical therapy and home modifications.

Trials

In some cases, attorneys will try to reach an agreement to resolve the issue prior to going to court. A settlement provides financial compensation to a plaintiff and results in an official agreement that ends the case.

An attorney's team will collect evidence to prove that medical professionals did not adhere to a high standard of care, causing an injury. Lawyers for the defendants will also collect evidence to counter the claims. The attorneys will meet to negotiate for a settlement. If no settlement can be reached the case will be sent to trial.

The trial process may take months or years to be completed. Plaintiffs may experience stress, pain and anxiety as they try to relive the trauma of their child's birth. The winning side may be awarded a substantial verdict. A losing party may appeal the decision.

A skilled birth injury lawyer can make a huge difference in your case. A lawyer can help you achieve the best possible outcome at every stage of the litigation process. From the drafting of demand letters, to filing the lawsuits or discovery, settlement negotiation, trial, or appeals, if necessary, a legal professional will ensure the highest possible outcome. They can assist you in getting an award that will change your life for your family's requirements. A lawyer can provide you with experts to help support your claim. The legal team at Lipsitz Green will investigate the case to determine what transpired and fight for a fair settlement.

Statute of Limitations

The medical profession has its own set of rules to be followed in all procedures. This includes the statute of limitations that imposes a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories are fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed is dismissed even if it has a strong legal basis.

For birth injury victims the statute of limitation can be crucially important. A successful claim can provide compensation for the victim's present and future medical expenses or lost wages as a result of being away from work to take care of their child, and emotional stress. In certain cases a judge or jury will also award punitive damages intended to punish defendants for their extreme inattention to detail.

A New York attorney who is experienced in birth injury claims should represent the victims. They can investigate the incident and collect evidence, build a case for negligence, and negotiate a settlement or go to trial if necessary. In certain instances an accused party may try to dismiss a case by saying that the statute of limitations has expired. A lawyer will be able to quickly determine if this is the situation. If the situation involves a public hospital that is run by local or federal government, separate and potentially much shorter time limits for statute of limitations could apply.

Expert Witnesses

In a medical malpractice case, experts are able to help judges and juries understand the evidence and the facts of the case. They may also offer professional or expert opinions that help the jury to make a decision. They can do this because their experience and expertise is more detailed and reliable than that of a layperson or someone who is not a medical professional.

Legal representatives can hire an expert witness to review medical records, provide a testimony, and assist the lawyer in putting together the case. The expert will sign an affidavit and then give evidence in the court. An expert could be an internal employee of the defendant's hospital or health care system, or a person who is not associated with the institution.

An expert's testimony should reflect the state of medical knowledge at the time of the event in the case. Experts should not rebuke actions that fall within the generally accepted standards of practice or support performance that is outside of the standards. Experts should be willing to provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not enter into agreements where the fees for their expert testimony are disproportionately high in relation to the time and birth injury effort involved.

Parents of children who has suffered a serious birth injury can seek damages for the future medical care their child will require and for any previous costs they've already paid for the care of the child. An experienced lawyer can determine if negligence was involved in the child's injury at birth and obtain compensation that will alleviate the financial burden of the family.