Birth Injury Litigation

Birth injuries can cause severe disabilities that could affect the quality of life of your child. Medical treatments can be costly and can take a long time.

A good lawyer can file your birth injury lawsuit as well as investigate the incident, gather evidence, present the case for negligence, and represent you in settlement negotiations or in court should it be necessary.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants come to an agreement to settle the case prior to going to trial. Both parties will avoid expensive and stressful court fees and receive compensation for the plaintiff. In the event that an agreement cannot be reached, a jury will determine whether the defendants are liable to pay the plaintiff any compensation and the amount of amount they have to pay.

The first step to receive financial compensation for a birth injury for your child is to establish that the doctor who delivered your baby had a professional relationship with you, and that he did not fulfill this obligation during the birthing procedure. This can be accomplished with medical records and hospital bills. Your lawyer must find evidence that the breach caused the injuries to your child.

Once you have this evidence the lawyer will then submit a demand package to the plaintiffs' malpractice insurers. The document contains a letter detailing the injury suffered by your child along with supporting documentation. The malpractice insurer will review the demand and either accept it or reject it. If the demand is rejected then your lawyer will bring a lawsuit.

If you are the victim of an outcome in a birth injury lawsuit the attorney you consult with may recommend placing a portion of your settlement or award in a special trust for children with special needs. This will enable your child to access funds in the future for things like medicines physical therapy, home modifications.

Trials

In some instances, lawyers will try to negotiate a settlement to settle the issue without going to court. A settlement provides financial compensation to a plaintiff and is a formal agreement that settles the matter.

A team of attorneys will gather evidence to prove that medical professionals did not provide the requirements for a high standard of care and caused injuries. Lawyers representing the defendants will also gather evidence to refute the claims. The attorneys will then meet with one other to discuss the amount of settlement. If a settlement isn't reached the case will be sent to trial.

The trial process could take months, or years to be completed. It can be stressful, dangerous and painful for plaintiffs as they relive the trauma of their child's birth injuries. The winner could be awarded a substantial verdict. But, a party that loses can appeal the decision.

A skilled lawyer for birth injuries can make a huge difference in your case. A lawyer can help you get the best possible outcome at every stage of the litigation process. From drafting the demand letters to filing the lawsuits, discovery, settlement negotiation or appeals, if necessary a lawyer will ensure the highest possible outcome. They can help you get life-changing compensation for your family's needs. A lawyer can provide you with a experts to support your claim. The legal team at Lipsitz Green will investigate the case to determine what happened and fight for a reasonable amount of compensation.

Statute of Limitations

Medical professionals have their own set of rules to follow when performing procedures. This includes the statute of limitation that sets a time limit for filing lawsuits. This limit is set to ensure that claims are filed when physical evidence remains available and witnesses' memories are fresh. Even if a 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 those suffering from birth injuries. A successful case could result in compensation for current and future medical expenses as well as lost wages due to missing work to take care of the child, as well as emotional distress. In certain cases the judge or jury may also award punitive damages to punish defendants for committing a serious negligence.

A New York attorney who is well-versed in birth injury claims should represent victims. They can investigate the incident and gather evidence, present an argument for negligence, and negotiate a settlement or go to trial if needed. In some cases the defendant may attempt to dismiss a suit by claiming that the statute of limitations has run out. A lawyer should be able quickly determine whether this is the case. If the case involves a public hospital that is operated by local government, state or federal authorities in a different and possibly shorter statute of limitations may apply.

Expert Witnesses

In the case of medical malpractice, expert witnesses help jurors and judges comprehend the evidence and the facts of the case. They can also provide expert or specialized opinions to help the jury make a decision. They are permitted to offer their opinions because their knowledge is more reliable and detailed than that of a layperson or someone who has no medical education.

Legal representatives can enlist an expert witness to examine medical records, provide an account and assist the lawyer with the case. The expert would sign an affidavit, and then testify in the court. An expert could be an internal employee of the defendant's hospital or health care system, or an individual who is not employed by the institution.

The expert's testimony must reflect the current medical knowledge at the time. The expert should not denigrate or accept the practice as a whole within generally accepted guidelines of practice. Experts should be able to provide deposition transcripts and courtroom testimony for peer review. They should not be a part of contracts that state that the costs for expert testimony are too expensive compared to the time and efforts involved.

Parents of a child that has suffered a severe birth trauma may seek damages to cover the cost they'll incur for the care of their child, as well as any past expenses that have been that they have incurred. An experienced attorney can determine whether negligence was the cause of the child's injury during birth and seek compensation to reduce the financial burden for families.