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Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact the quality of life of your child. Medical treatments can be costly and long.

A good lawyer will file a lawsuit for birth injury, investigate the incident, gather evidence, and make the case of negligence. They may assist you in settlement negotiations or in court if necessary.

Settlements

In a majority of medical malpractice lawsuits, the plaintiff and defendant negotiate an agreement prior to the case is even tried. This lets both parties save money and stress-inducing court fees, and it gives the plaintiff a promise of compensation. If a trial is not possible, a jury decides whether the defendants have a duty to pay compensation and what amount.

The first step toward receiving financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your baby had a an official relationship with you, and he violated that obligation during the birthing process. This can be accomplished through medical documents and hospital bills. Your lawyer will also need to find evidence that shows the breach caused your child's injuries.

Once you have this evidence the lawyer will then submit an offer to the plaintiffs' malpractice insurers. The demand package will contain a comprehensive letter that outlines the child's injuries and the supporting documents. The malpractice insurance company will examine the request and either take it up or reject it. If the demand is denied your lawyer will file a lawsuit.

In the event of a successful birth injury lawsuit Your attorney might suggest placing the proceeds of your settlement or award into a special trust for children with special needs. This will allow your child to have access to future funds for things like medicines, physical therapy and home modifications.

Trials

In some cases, lawyers will attempt to reach an agreement to resolve the matter before going to court. Settlements provide financial compensation to a plaintiff and leads to an official agreement that resolves the matter.

An attorney's team will gather evidence to prove that medical experts didn't adhere to a strict standard of care, causing an injury. Lawyers representing defendants will collect evidence on their own in order to refute assertions. The attorneys will meet to negotiate an agreement. If a settlement cannot be reached, the case will be taken to the court.

The trial process may take months or years to be completed. It can be a stressful, risky and painful for plaintiffs as they relive the trauma of their child's birth injury law firms injuries. The winner may be awarded a large award. But, a party that loses may appeal the decision.

A birth injury lawyer with years of experience can make all the difference in your case. A lawyer can assist you to get the best possible outcome at every stage of the litigation process. From the writing of the demand letters to filing the lawsuits, discovery, settlement negotiation or appeals, if necessary an attorney will ensure you get the best outcome. They can assist you in obtaining an award that will change your life for your family's needs. A lawyer can connect you to a a network of experts to help you with your claim. The legal team of Lipsitz Green will investigate the case to determine what transpired and fight for a reasonable amount of compensation.

Statute of limitations

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

For victims of birth injuries the statute of limitation can be crucially important. A successful claim could award compensation for future and current medical costs, lost wages from missing work to care for the child, and emotional distress. In certain cases, the juror or judge could also award punitive damages to punish defendants who have displayed an extreme lack of care.

A New York attorney who is experienced in birth injury claims should represent victims. They can investigate and collect evidence to prove a case of negligence or negotiate a settlement or go to court if needed. In certain instances the defendant might try to dismiss a lawsuit claiming that the statute of limitation has run out. A lawyer should be able quickly determine if this is the situation. If the case involves a public hospital that is run by local government agencies, whether federal or state-based the possibility of a separate and shorter time-limits may apply.

Expert Witnesses

In the case of medical malpractice, experts can help jurors and judges to understand the evidence and the facts in the case. They can also offer expert or specialized opinions and inferences that can help them make the right decision. They are able to do this because their knowledge is more reliable and detailed than those of a layperson or someone with no medical training.

A legal representative can retain an expert witness who will examine medical records, provide a testimony and help the lawyer put together the case. The expert would sign an affidavit and then give evidence in court. An expert could be an employee of the defendant's hospital, health care system, or an individual outside that institution.

The expert's report must reflect the current state of medical knowledge at the time of the hearing. Experts should not rebuke any practice that is not in line with generally accepted practice standards or support performance that is outside of those standards. Experts should be able to provide deposition transcripts as well as courtroom testimony to be reviewed by a peer. They should not sign contracts in which the fees for their expert testimony are inordinately high relative to their time and effort.

Parents who have a child who suffers a serious birth injury may be able to seek compensation for the future care that the child will require and also for past expenses that they have already paid for the care of the child. A lawyer who is steadfast can determine if negligence was involved in a child's birth injury, and then seek compensation to ease a family's financial burden.