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Birth Injury Litigation

Birth injuries can cause serious disabilities and can affect the quality of life of your child. The medical treatment they require can be expensive and lengthy.

A reputable lawyer can start a lawsuit for birth injuries to investigate the incident, gather evidence, build a case for negligence and represent you during settlement negotiations or in court if necessary.

Settlements

In the majority of medical malpractice lawsuits the plaintiff and defendant negotiate a settlement before the case is heard. This lets both parties avoid the burdensome and costly court costs, and provides the plaintiff with a guarantee of compensation. If a trial is not possible, a jury can decide whether the defendants are accountable to compensate the plaintiff and how much.

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 an established professional relationship with you, and that he breached this duty during the birthing process. This can be accomplished using medical records and hospital bills. Your lawyer will need to gather proof that the breach led to your child's injuries.

If you have the evidence Your lawyer will then send a demand form to the defendants' malpractice insurance carriers. This document includes a detailed letter that outlines the child's injuries along with any supporting documents. The malpractice insurer will examine the request and either accept 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 Your attorney might suggest placing the proceeds of your settlement or award into a special needs trust. This will enable your child to have access to future funds to fund things like medicine and physical therapy as well as home modifications.

Trials

In certain cases, lawyers will try to negotiate a settlement to resolve the matter without having to go to court. Settlements offer an amount of money to the plaintiff and is a formal agreement that ends the matter.

An attorney's team will seek evidence to prove that medical professionals did not adhere to a high standard of care and caused injury. Lawyers for defendants will also gather evidence of their own to counter assertions. The attorneys will meet to negotiate an agreement. If a settlement can't be reached the case will be sent to trial.

The trial process can be lengthy or take years to take to. 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 substantial verdict. A party that loses the appeal can appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A legal professional can help you get the best possible outcome through each step 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 can change your life and the lives of your family members. A lawyer can provide you with a an expert network to help you with 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 imposes a time limit for filing lawsuits. This limitation is designed to ensure that claims are filed in the time evidence is available in physical form and the memories of witnesses are fresh. Even if a lawsuit has a solid legal basis it will be dismissed if it's filed after the statute has expired.

For birth injury victims the statute of limitation is particularly important. A successful claim may provide the right to compensation for future and present medical costs loss of wages due to the inability to work in order to care for the child, as well as emotional distress. In certain circumstances, a judge or jury may also award punitive damages to punish defendants who have shown extreme negligence.

A New York attorney who is well-versed in birth injury claims should represent victims. They can investigate the accident and gather evidence, present a case for negligence and negotiate a settlement or go to trial if necessary. In certain instances the defendant may attempt to dismiss a suit by saying that the time limit has expired. A lawyer can quickly determine if this is the situation. If the case involves a public health facility that is managed by local or federal government in a different and possibly shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can help juries and judges understand the evidence and the facts of a medical malpractice case. They can also offer professional or specific opinions to help jurors to make a decision. They are able to do this because their knowledge and expertise is more precise and reputable than an average person or someone who has no medical education.

A lawyer may hire an expert witness to look over medical records, give a testimony, and aid the lawyer in preparing the case. The expert will sign an affidavit, and then be able to testify in court. An expert could be an internal employee of the defendant's hospital, health care system, or an individual who is not associated with the institution.

An expert's report should reflect the current state of medical knowledge at the time of the incident. The expert should not denigrate or condone performance within the generally accepted guidelines of practice. Experts should be prepared to submit transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not enter into agreements where the fees for their expert testimony are unreasonably high in relation to their time and effort.

Parents who have a child who has suffered a serious birth injury may seek compensation for the future care that their child will require, in addition to any past expenses that they have already paid for the care of the child. A lawyer who stands by his word can determine if negligence the cause of a child's birth injury, and then seek compensation to ease the family's financial burden.