Birth Injury Litigation

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

A competent lawyer will make a birth injury lawsuit to investigate the incident, gather evidence, create the case for negligence, and represent you in settlement negotiations or at trial in the event of a trial.

Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants sign an agreement to settle the case before going to trial. Both parties will avoid expensive and stressful court fees and receive compensation for the plaintiff. If the trial is not able to be concluded, a jury will determine if the defendants owe the plaintiff compensation and how much they must pay.

The first step toward receiving the financial compensation you deserve for your child's birth injury is proving that the doctor you hired to deliver your child had a an professional relationship with you and breached this obligation during the birthing process. You can prove this by using medical records and hospital invoices. Your lawyer will need to find evidence that the breach was responsible for the injuries to your child.

Once you have the evidence, your lawyer will submit a package of demands to the malpractice insurance carriers of the defendants. This document includes a letter detailing the injuries suffered by your child, and any supporting evidence. The malpractice insurer will examine the request and decide whether to take it or leave it. If the demand is rejected by your lawyer, they will file a lawsuit.

Your lawyer might suggest that in the case of a successful lawsuit for birth injury, a portion of the settlement or award is put into a special-needs fund. This will permit your child to access funds in the future for things like medicine or physical therapy as well as home modifications.

Trials

In some instances, attorneys will try to reach an agreement to resolve the issue before going to court. A settlement is an agreement formalized that resolves a case and provides compensation to the plaintiff.

An attorney's team will seek evidence to show that medical professionals didn't meet a high standard of care and triggered an injury. Lawyers representing the defendants will gather their own evidence in order to refute claims. The attorneys will then meet with each and negotiate an amount for settlement. If a settlement isn't reached, the case will go to the court.

The trial process can take months or years to complete. Plaintiffs may be afflicted with pain, stress and danger as they revisit their child's birth injury trauma. The winner may be awarded an enormous amount. A party that loses the appeal can appeal the decision.

A knowledgeable birth injury lawyer can make a huge difference in your case. A lawyer can help you obtain the best outcome throughout the litigation process. From the drafting of demand letters, to filing the lawsuits, birth injury Lawsuit discovery, settlement negotiation and appeals, as well as trials when necessary, a legal professional will ensure you get the best outcome. They can help you receive compensation that will transform your life and the lives of your family. A lawyer can also provide an expert witness network to back 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 that they must follow in their 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 available and witnesses' memories are still fresh. Even if the lawsuit has a solid legal foundation the case can be dismissed if it is filed after the statute of limitations has expired.

The statute of limitations is crucial for birth injuries. A successful lawsuit can offer compensation for the victim's current 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 circumstances, a judge or jury may also award punitive damages to punish defendants who have shown an extreme lack of care.

Victims of birth injuries should have an New York attorney familiar with these types of claims. They can investigate the accident and gather evidence, create an argument for negligence, and negotiate a settlement or go to trial if necessary. In certain instances, a defendant might attempt to dismiss a suit by claiming that the time limit has expired. A lawyer will be able to determine quickly whether this is the case. If the matter involves public hospitals which are managed by local, state, or federal authorities there is a separate and much shorter statute of limitations could be in place.

Expert Witnesses

In the event of a medical malpractice case expert witnesses help jurors and judges comprehend the evidence and the facts in the case. They also offer expert or specialized opinions to help the jury to make a decision. They are permitted to offer their opinions because their knowledge is more reputable and detailed than those of a layperson or someone who is not trained in medical sciences.

A lawyer can engage an expert witness to review medical records, give an opinion and help the lawyer to put together the case. The expert will then sign an affidavit as well as testify in court about their findings. An expert can be a hospital employee, health care professional at the defendant's facility, or an outsider.

The expert's report must reflect the current state of medical knowledge at the time of the hearing. Experts should not denounce any practice that is not in line with the generally accepted standards of practice or accept any performance that is not in the scope of the standards. Experts should be prepared to provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign contracts that state that the costs for expert testimony are excessively expensive in comparison to the time and efforts involved.

Parents who have a child suffering from a severe birth injury may be able to seek damages for the future care that their child will require in addition to any past costs they've already paid to provide care for the child. A lawyer who is committed can determine if negligence at play in the birth injury, and then seek compensation to ease a family's financial burden.