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Birth Injury Litigation

Birth injuries can lead to severe disabilities that could affect your child's quality of living. The medical treatment they require can be costly and time-consuming.

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

Settlements

In 90% of medical malpractice lawsuits, the defendant and plaintiff reach a settlement before the case goes to trial. Both parties can avoid high and stressful court costs and receive compensation for the plaintiff. If a trial isn't possible, a jury decides whether the defendants are responsible to compensate the plaintiff and how much.

The first step to receive financial compensation for your child's birth injury is proving that the doctor you hired to deliver your baby had an official relationship with you and breached the duty of care during the birthing procedure. This can be done by using medical documents and hospital invoices. Your lawyer will also have to gather evidence that the breach was responsible for the injuries to your child.

If you have the evidence, your lawyer will submit an offer to the defendants' malpractice insurance carriers. The document will include a detailed letter describing your child's injuries and the supporting documents. The malpractice insurance company will go through the request and either accept or reject it. If the demand is rejected by your lawyer, they will file a lawsuit.

In the event of a successful birth injury lawsuit, your attorney may recommend placing some of the settlement or award into a special needs trust. This will permit you to grant future funds to your child to cover things such as physical therapy, medication, and home modifications.

Trials

In some cases lawyers will attempt for a settlement in order to resolve the matter without a court appearance. A settlement is an agreement that is formal and resolves the case and offers compensation to the plaintiff.

An attorney's team will seek evidence to show that medical experts didn't adhere to a strict standard of care and caused an injury. Lawyers for the defendants also gather evidence to prove the allegations. The attorneys will meet to negotiate the terms of a settlement. If no settlement can be reached, the case will go to the court.

The trial process could take a long time to take to. It can be a stressful, risky and painful for plaintiffs who have to relive the trauma of their child's birth injuries. The winning party could receive a large settlement. The losing side may appeal the decision.

A birth injury lawyer who has experience can make a significant difference in your case. Legal professionals can guarantee the best result at every step of the litigation process, from writing the demand letter to filing the lawsuit as well as settlement negotiations, discovery and trial, or in the event of an appeal, if necessary. They can help you obtain life-changing compensation for your family's needs. A lawyer can also offer experts to prove 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 when performing procedures. These include the statute of limitations, that imposes a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed while physical evidence remains available and witnesses' memories are fresh. A lawsuit filed after the deadline for filing a lawsuit has passed can be dismissed even in the event that it has a solid legal basis.

For victims of birth injuries the statute of limitation is particularly important. A successful lawsuit can offer compensation for the victim's current and future medical expenses or lost wages as a result of being away from work to take care of their child, lawsuit as well as emotional stress. In certain cases a judge or jury will also award punitive damages to punish defendants for extreme inattention to detail.

A New York attorney who is adept at defending niceville birth injury attorney injuries should represent the victims. They can investigate and gather evidence to establish a case of negligence or negotiate a settlement or even go to court if necessary. In certain instances an accused party may try to dismiss a lawsuit by saying that the statute of limitations has run out. A lawyer will be able quickly determine if this is the situation. If the matter involves public hospitals which are operated by local, state or federal governments, a separate and possibly much shorter statute of limitations could be in place.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and facts of a medical malpractice case. They may also offer expert or specialized opinions that help the jury decide. They can offer this advice because their knowledge and expertise is more detailed and trustworthy than the average person or one who is not a medical professional.

Legal representatives can hire an expert witness to look over medical records, offer a testimony, and assist the lawyer in preparing the case. The expert would then sign an affidavit and testify in court regarding their findings. An expert can be a hospital employee, health care provider at the defendant's facility, or an outsider.

Expert testimony should reflect the state of medical knowledge at the time of the incident in the case. The expert should not condemn the performance that is within generally accepted practice standards or accept any performance that is not in the scope of the standards. Experts should be prepared to submit transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign agreements in which the costs for their expert testimony are disproportionately high in relation to the time and effort.

Parents of children with a severe birth injury can claim damages for the future medical care the child will require as well as past expenses they have already incurred to care for the child. An experienced attorney can determine if negligence was involved in the child's injury at birth and can secure compensation to ease the financial burden on a family.