Birth Injury Litigation

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

A competent lawyer will file your birth injury lawsuit and investigate the incident to gather evidence, present a case for negligence and assist you in settlement negotiations or at trial if necessary.

Settlements

In the majority of medical malpractice cases, the plaintiff and defendant negotiate a settlement prior to the case goes to trial. Both parties can avoid the expensive and stressful court fees and receive compensation for the plaintiff. If a trial is not possible, a jury can decide whether the defendants are responsible to pay compensation and in what amount.

The first step in obtaining financial compensation for a birth injury for your child is to establish that the doctor who gave birth injury attorney to your baby had an established professional relationship with you and that he breached this obligation during the birthing procedure. This can be accomplished through medical records and hospital bills. Your lawyer will also need to collect evidence that proves the breach led to the injuries of your child.

Once you have this evidence the lawyer will then submit an order package to defendants' malpractice insurance carriers. The demand package will contain a comprehensive letter that describes the injuries your child sustained as well as supporting documents. The malpractice insurer will review the request, and then either accept or reject it. If the demand is rejected, your lawyer will bring a lawsuit.

In the event of an outcome in a birth injury lawsuit your lawyer may suggest placing part of your settlement or award in a special trust for children who require special. This will permit your child to use the funds for things like medicine or physical therapy as well as home modifications.

Trials

In some instances, attorneys may try to come to an agreement on how to settle the issue before going to court. A settlement offers financial compensation to a plaintiff and is a formal agreement that resolves the case.

A team of lawyers will gather evidence to demonstrate that medical professionals did not provide the highest standards of care and caused injury. Lawyers for defendants will also gather evidence of their own to counter claims. The attorneys will then meet with each the other to negotiate a settlement amount. If a settlement isn't reached, the case will be taken to court.

The trial process may take a long time to complete. It can be stressful, risky and painful for plaintiffs as they relive the trauma of their child's birth trauma. The winner could be awarded a huge verdict. The losing side may appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can help you get the best possible result throughout the litigation process. From drafting the demand letters to filing the lawsuits, discovery, settlement negotiation, trial, or appeals If necessary a lawyer can ensure the most favorable outcome. They can help you obtain compensation that will change your life, and the lives of your family. A lawyer can help you establish a a network of experts to help you with your claim. The legal team of Lipsitz Green will investigate the case to determine what transpired and fight for a 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 sets a time limit for filing lawsuits. This limitation is intended to ensure that claims are filed when physical evidence remains available and the memories of witnesses are fresh. A lawsuit that is filed after the time limit has expired is dismissed even when it has a solid legal basis.

The statute of limitations is crucial for birth injuries. A successful claim may provide compensation for current and future medical expenses loss of wages due to the inability to work to care for the child, as well as emotional anxiety. In certain instances, the judge or jury may also award punitive damages to punish defendants for the most reckless of negligence.

A New York attorney who is experienced in birth injury claims should represent the victims. They can investigate the incident and collect evidence, build an argument for negligence, and reach a settlement or go to trial if necessary. In certain situations the defendant may attempt to dismiss a case by saying that the statute of limitations has expired. A lawyer will be able to swiftly determine whether this is the situation. If the case involves a public health facility, which are operated by local government agencies, whether federal or state-based the possibility of a separate and shorter time-limits may apply.

Expert Witnesses

In a medical malpractice case, experts can help jurors and judges comprehend the evidence and the facts of the case. They may also provide specialized or professional opinions and inferences to help them make a decision. They are permitted to do so because their knowledge is more reliable and detailed than the knowledge of a layperson or someone who has no medical education.

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

An expert's report should reflect the current state of medical knowledge at the time of the incident in the case. The expert should not criticize actions that fall within generally accepted practice standards, nor should they accept any performance that is not in the scope of the standards. Experts should be willing to provide transcripts of depositions and courtroom testimony for peer review. They should not be a part of contracts where the fees for expert testimony are too expensive compared to the time and efforts involved.

Parents of children who has suffered a serious birth injury may seek damages for the future care that the child will require and also for past expenses they have already paid to provide care for the child. A reliable attorney can determine if negligence was the cause of the child's birth injury lawsuits injury and can secure compensation to help ease the financial burden of a family.