Birth Injury Litigation

Birth injuries can lead to serious disabilities and can affect the quality of life of your child. The medical treatment they require can be costly and long.

A good lawyer can file your birth injury lawsuit as well as investigate the incident, gather evidence, create the case for negligence, and assist you in settlement negotiations or at trial in the event of a trial.

Settlements

In over 90% of medical malpractice cases, the plaintiffs and defendants agree to an agreement on settlement prior to the case going to trial. Both parties can 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 liable to compensate the plaintiff and how much.

The first step toward receiving financial compensation for your child's birth injury is proving that the doctor you hired to deliver your baby was in an professional relationship with you and violated that obligation during the birthing procedure. This can be accomplished with medical documents and hospital bills. Your lawyer will need to find evidence that the breach led to the injuries to your child.

If you have evidence, your attorney will present a complete set of demands to the malpractice insurers of the defendants. The document will include a detailed letter that describes the injuries your child sustained along with supporting documents. The malpractice insurance company will go through the request and either accept it or reject it. If the demand is rejected the lawyer will make a claim.

If you are the victim of a successful birth injury lawsuit your lawyer may suggest placing some of the settlement or award in a special trust for children with special needs. This will permit your child to use the funds for things like medicines physical therapy, home modifications.

Trials

In some cases lawyers may try to reach a settlement to resolve the matter without having to go to court. A settlement offers an amount of money to the plaintiff and ends in an official agreement that concludes the case.

A team of attorneys will gather evidence to show that medical professionals did not provide the highest standards of care and caused injury. Lawyers for the defendants will also gather their own evidence to counter the claims. The attorneys will meet to negotiate the terms of a settlement. If a settlement isn't reached, the case will go to trial.

The trial process can last for months or even years to complete. Plaintiffs could feel pain, stress and risk as they relive their child's birth injury trauma. The winning side may receive a large settlement. The losing side can appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. Legal professionals can guarantee the best possible outcome through each stage of the litigation process, from writing the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, should it be necessary, appeals. They can assist you in obtaining compensation that will alter your life and the lives of your family members. A lawyer can also offer experts to support your claim. The legal team at Lipsitz Green will investigate your case to determine the reason for the injury occurred and fight for fair compensation.

Statute of Limitations

The medical profession has its own set of rules that must be adhered to in all procedures. This includes the statute of limitations, which has a time limit for filing lawsuits. This limit is designed to ensure that claims are filed in the time evidence is still available and the memories of witnesses are fresh. Even if the suit has an established legal foundation it will be dismissed if it's filed after the statute has expired.

For birth injury victims the statute of limitations can be crucially important. A successful case can result in compensation for the victim's present and future medical expenses or lost wages as a result of missing work to care for their child, and emotional anxiety. In some cases a judge or jury may also award punitive damages intended to punish defendants for their extreme negligence.

A New York attorney who is familiar with birth injury claims should represent victims. They can investigate the accident and gather evidence, make an argument for negligence and reach a settlement or go to trial if necessary. In certain instances an accused party may try to dismiss a suit by saying that the statute of limitations has expired. A lawyer will be able quickly determine if this is the situation. If the situation involves public hospitals that are run by local, state, or federal authorities there is a separate and shorter statute of limitations could be in place.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and the facts of a medical malpractice case. They can also provide professional or specific opinions to help the jury to make a choice. They are permitted to do this because their knowledge and expertise is more specific and reliable than a layperson or someone who has no medical education.

Legal representatives can hire an expert witness to look over medical records, provide a testimony, and aid the lawyer in preparing the case. The expert would sign an affidavit, and then give evidence in court. An expert can be a hospital employee, health care professional at the defendant's facility or an outsider.

An expert's report should reflect the current state of medical knowledge at the time of the event in the case. The expert should not criticize any practice that is not in line with generally accepted practices or support performance that is outside of those standards. Experts should be willing and able submit transcripts of depositions or courtroom testimony to peers for review. They should not enter into contracts in which the fees for their expert testimony are disproportionately high in relation to the time and effort.

Parents who have a child who suffers a serious birth injury can seek compensation for future medical care their child will require, as well as past expenses that they have already paid to care for the child. An experienced lawyer can determine if negligence was involved in the child's birth injury and can secure compensation to help ease the financial burden of families.