Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact your child's quality of living. Medical treatments can be costly and lengthy.

A good lawyer will file a lawsuit for birth injury, conduct an investigation into the incident, collect evidence, and build a case of negligence. They can also represent you at settlement negotiations or in court, if required.

Settlements

In a majority of medical malpractice lawsuits the plaintiff and defendant reach a settlement prior to the case is heard. This lets both parties save money and stress-inducing court costs, and also provides the plaintiff with a guarantee of compensation. If a trial isn't feasible, a jury determines whether the defendants are accountable to pay compensation and what amount.

The first step to receive financial compensation for birth injury lawyers injuries for your child is to establish that the doctor who gave birth to your baby had an established professional relationship with you and that he acted in breach of this obligation during the birthing process. You can do this by using medical records and hospital invoices. Your lawyer will also have to find evidence that shows the breach led to the injuries of your child.

If you have the evidence the lawyer will then submit an order package to defendants' malpractice insurance carriers. This document contains a thorough letter that describes the injuries your child sustained and the supporting documents. The malpractice insurance company will look over the request and decide whether to decide whether to accept or deny it. If the demand is rejected, your lawyer will file a lawsuit.

Your lawyer might suggest that in the event that a lawsuit is successful for birth injuries, a portion of the settlement or award be placed into a special needs fund. This will enable your child to access future funds for things like medicines, physical therapy and home modifications.

Trials

In some instances lawyers will attempt to reach a settlement to resolve the matter without having to go to court. A settlement is an agreement that is formal and resolves the case and offers compensation to the plaintiff.

A team of attorneys will gather evidence to demonstrate that medical professionals did not adhere to a high level of care and aggravated injuries. Lawyers representing defendants will gather evidence of their own to counter assertions. The attorneys will then meet with one the other to negotiate the amount of settlement. If a settlement cannot be reached the case will be sent to trial.

The trial process can take months or even years to be completed. It can be stressful, risky, and painful for plaintiffs, as they experience the trauma of their child's birth injuries. The winner could be awarded a large verdict. The losing side can appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can guarantee the best possible outcome through each stage of the litigation process, from writing the demand letter, to filing the lawsuit, discovery, settlement negotiations and trial or, should it be necessary, appeals. They can assist you in obtaining the life-changing amount of compensation your family requirements. A lawyer can provide you with a experts to support your claim. The legal team of Lipsitz Green will investigate the case to determine the cause and fight for a fair compensation.

Statute of Limitations

Medical professionals have their own set of rules they must adhere to in their procedures. These include the statute of limitations which sets a deadline for filing lawsuits. This limitation is designed to ensure that claims are filed as long as evidence is available in physical form and the memories of witnesses are fresh. Even if the lawsuit has a solid legal basis it is dismissed if it is filed after the statute has expired.

For victims of birth injuries the statute of limitation could be particularly crucial. A successful claim can provide compensation for the victim's present and future medical expenses as well as lost wages due to being away from work to take care of their child, as well as emotional stress. In certain cases, a jury or judge may also award punitive damages intended to punish defendants for extreme carelessness.

A New York attorney who is familiar with birth injury claims should represent the victims. They can investigate the incident, collect evidence, build a case for negligence and settle the case or go to trial if necessary. In certain instances, a defendant might attempt to dismiss a suit by arguing that the statute of limitations has run out. A lawyer is able to determine whether this is the situation. If the case involves public hospitals which are operated either by local, state or federal governments in addition, a separate and much shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and facts of a medical malpractice case. They also offer specialized or professional opinions to assist jurors decide. They can offer this advice because their knowledge and expertise is more detailed and reliable than the average person or one who is not a medical professional.

A lawyer may hire an expert witness to review medical records, provide a testimony, and aid the lawyer in preparing the case. The expert witness would then sign an affidavit as well as testify in court regarding their findings. An expert could be an internal employee of the defendant's hospital or health care system, or an individual outside that institution.

The expert's testimony should reflect the current state of medical knowledge in the case at the time of the hearing. The expert should not condemn or condone performance within the generally accepted standards of practice. Experts should be able to provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign contracts in which the fees for their expert testimony are excessively high relative to their time and effort.

Parents of a child who has suffered a serious birth trauma may seek damages to cover the future costs they will incur to care for their child and any past expenses that have been incurred. A reliable attorney can determine if negligence caused the child's injury during birth and seek compensation to ease the financial burden on a family.