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Birth Injury Litigation

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

A competent lawyer can file your birth injury lawsuit and investigate the incident to collect evidence, make a case for negligence and assist you in settlement negotiations or at trial if needed.

Settlements

In a majority of medical malpractice lawsuits, the plaintiff and defendant reach an agreement prior to the case is tried. Both parties will avoid costly and stressful court fees and receive compensation for the plaintiff. If a trial isn't possible, a jury decides whether the defendants are responsible to pay compensation and how much.

The first step to receive financial compensation for a birth injury in your child is proving the doctor who delivered your baby had a professional relationship with you and that he breached this duty during the birthing process. This can be done by using medical documents and hospital invoices. Your lawyer will also have to find evidence that shows the breach resulted in your child's injuries.

Once you have the evidence, your lawyer will then submit a list of demands to the malpractice insurance companies of the defendants. This document contains a thorough letter describing your child's injuries and the supporting documents. The malpractice company will look over the request and decide whether to accept or reject it. If the demand is denied the lawyer will file suit.

Your attorney may recommend that in the case that a lawsuit is successful for birth injury, a portion of the settlement or award be placed into a special needs fund. This will enable your child to access funds in the future for things such as medicine and physical therapy as well as home modifications.

Trials

In some cases, attorneys attempt to find a solution to the issue before going to court. Settlements provide an amount of money to the plaintiff and is a formal agreement that concludes the case.

An attorney's team will collect evidence to prove medical professionals didn't meet a high standard of care, causing an injury. Lawyers for defendants will also gather evidence of their own to disprove allegations. The attorneys will meet to negotiate a settlement. If no settlement can be reached, then the case will be taken to the court.

The trial process could take months, or years to complete. It can be a stressful, risky and painful for plaintiffs, as they experience the trauma of their child's birth injuries. The winning side may be awarded a huge verdict. However, a losing party may appeal the decision.

A knowledgeable birth injury lawyer can make all the difference in your case. A lawyer can help you obtain the best outcome at every stage of the litigation process. From the drafting of demand letters to filing the lawsuits, discovery, settlement negotiation or appeals If necessary an attorney will ensure the best possible outcome. They can help you receive compensation that will alter your life, and the lives of your family. A lawyer can connect you to a experts to help 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

The medical profession has its own set of rules that must be followed when performing procedures. This includes the statute of limitations which has a time limit for filing lawsuits. This limitation is intended to ensure that claims are filed when evidence is still available and witnesses' memories are fresh. Even if a lawsuit has an established legal foundation it will be dismissed if filed after the statute has expired.

For birth injury law firms injury victims, the statute of limitations is particularly important. A successful lawsuit can offer compensation for the victim's current and future medical expenses as well as lost wages due to having to work in order to take care of their child, as well as emotional anxiety. In certain circumstances, a jury or judge may also award punitive damage to punish defendants who have shown excessive negligence.

Victims of birth injuries must have an New York attorney familiar with these types of claims. They can investigate the incident, collect evidence, build a case for negligence, and seek a settlement or go to trial if necessary. In some cases the defendant could try to dismiss a lawsuit by claiming that the statute of limitation has expired. A lawyer can determine quickly if this is the situation. If the case involves public hospitals, that are run by state, local, or federal governments, a separate and possibly shorter time limit could apply.

Expert Witnesses

In a medical malpractice case, experts are able to help jurors and judges to understand evidence and facts in the case. They may also provide specialized or professional opinions and conclusions to help them make an informed decision. They are allowed to offer their opinions because their knowledge is more reliable and precise than that of a layperson, or someone with no medical training.

A lawyer can engage an expert witness who will examine medical records, provide an opinion and help the lawyer put together the case. The expert would then sign an affidavit as well as testify in court regarding their findings. An expert could be a hospital employee, health care professional from the defendant's institution, or an outsider.

The expert's testimony should reflect the current medical knowledge in the case at the time. Experts should not rebuke performance that falls within generally accepted practices or allow for performance that is in violation of those standards. Experts should provide deposition transcripts as well as courtroom testimony to be reviewed by a peer. They should not sign agreements that state that the costs for expert testimony are excessively expensive compared to the time and efforts involved.

Parents of children who has suffered a serious birth injury may claim damages for the future medical care their child will require, as well as past expenses that they have already paid to provide care for the child. A lawyer who is steadfast will determine if negligence involved in a child's birth injury and seek compensation to ease the family's financial burden.