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Birth Injury Litigation

birth injury lawsuits injuries can cause serious disabilities that can impact the quality of life for your child. The medical treatments they require could be costly and time-consuming.

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

Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants sign a settlement agreement before the case goes to trial. This lets both parties avoid expensive and stressful court costs, and also gives the plaintiff a promise of a fair settlement. If a trial isn't feasible, a jury determines whether the defendants have a duty to pay compensation and how much.

The first step in obtaining the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your baby had an official relationship with you, and he violated that duty during the birthing process. This can be accomplished using medical records and hospital bills. Your lawyer must collect evidence that the breach was responsible for your child's injuries.

If you have evidence, your lawyer will present a complete set of demands to the malpractice insurers of the defendants. The document contains a letter detailing the injuries suffered by your child, along with supporting documentation. The malpractice insurance company will look over the request, and either decide whether or not to accept it. If the demand is rejected the lawyer will start a lawsuit.

In the event of a successful birth injury lawsuit the attorney you consult with may recommend placing some of the settlement or award in a special trust for children with special needs. This will allow your child to access funds in the future for things like medicines, physical therapy and home modifications.

Trials

In certain cases lawyers will attempt for a settlement in order to resolve the matter without having to go to court. A settlement is an agreement that is formal and resolves a dispute and pays compensation to the plaintiff.

An attorney's team will gather evidence to prove medical experts didn't adhere to a strict standard of care and caused injury. Lawyers for defendants will also collect evidence on their own to prove the assertions. The attorneys will then sit down with each and negotiate an amount for 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. It can be stressful, risky and painful for plaintiffs, as they experience the trauma of their child's birth injuries. The winner could receive an award of a significant amount. A losing party may appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can guarantee the best outcome through every stage of the litigation process, from drafting the demand letter to filing the lawsuit, discovery, settlement negotiations and trial or, should it be necessary, appeals. They can help you receive compensation that will alter your life as well as the lives of your family. A lawyer can provide you with a a network of experts to support your claim. The legal team at Lipsitz Green will investigate the case to determine the cause and fight for a fair compensation.

Statute of Limitations

Medical professionals have their own set of rules that they must follow when performing procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limit is set to ensure that claims are filed in the time physical evidence remains available and witnesses' memories are fresh. A lawsuit filed after the time limit has expired will be dismissed even the case has a solid legal basis.

The statute of limitations can be crucial for birth injuries. A successful lawsuit could provide compensation for future and current medical costs, lost wages from missing work in order to care for the child, and emotional distress. In certain cases the judge or jury may also award punitive damages to penalize defendants who have committed a grave carelessness.

A New York attorney who is adept at defending birth injuries is required to represent the victims. They can investigate the accident and collect evidence, build an argument for negligence and reach a settlement or go to trial if necessary. In some cases the defendant could try to dismiss a suit claiming that the statute of limitation is over. A lawyer can quickly determine when this is the case. If the matter involves public hospitals which are operated either by state, local, or federal authorities in addition, a separate and shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and facts of the medical malpractice case. They are also able to provide expert or professional opinions and inferences that can help them make the right decision. They are allowed to do this because their knowledge is more reliable and precise than the knowledge of a layperson or someone without medical training.

A legal representative may retain an expert witness to review medical records, provide a testimony, and aid the lawyer in preparing the case. The expert would then be required to sign an affidavit and be present in court regarding their findings. An expert can be an employee of a hospital or health care provider at the institution of the defendant or an outsider.

The expert's testimony must reflect the current state of medical knowledge at the time. The expert should not condemn or accept the practice as a whole within generally accepted standards of practice. Experts should be willing and able submit transcripts of depositions or courtroom testimony to peers to be reviewed. They should not sign any contracts where the fees for expert testimony are too high compared to their time and effort.

Parents of a child who suffered a serious birth trauma may seek damages to cover the costs they'll incur for their child's medical care, as well as any expenses that were incurred. A lawyer who is steadfast will determine if negligence was the cause of a child's birth injury and seek compensation to ease the family's financial burden.