Birth Injury Litigation

Birth injuries can cause severe disabilities and impact the quality of life of your child. The medical treatments they require can be costly and time-consuming.

A reputable lawyer can file your birth injury lawsuit to investigate the incident, gather evidence, present the case for negligence, and represent you during settlement negotiations or in court if needed.

Settlements

In the majority of medical malpractice lawsuits, the plaintiff and defendant agree to a settlement prior to the case goes to trial. This lets both parties save money and stress-inducing court costs, and provides the plaintiff with a guarantee of compensation. If a trial isn't feasible, a jury will decide whether the defendants are accountable to compensate the plaintiff and how much.

The first step towards receiving the financial compensation your child deserves for his birth injury law firm injury is to prove that the doctor you hired to deliver your baby had an established professional relationship with you, and he violated that obligation during the birthing process. This can be accomplished using medical records and hospital bills. Your lawyer will need to find evidence that the breach caused your child's injuries.

Once you have this evidence, your lawyer will submit an offer to the defendants' malpractice carriers. The demand package will contain a comprehensive letter describing your child's injuries and the supporting documents. The malpractice insurance company will look over the request and decide whether to decide whether to accept or deny it. If the demand is rejected then your lawyer will bring a lawsuit.

In the event of a successful birth injury lawsuit your lawyer may suggest placing part of your settlement or award into a special trust for children with disabilities. This will allow your child to use the funds for things such as medicine, physical therapy and home modifications.

Trials

In some cases, lawyers may try to find a solution to the issue before going to court. A settlement is a formal agreement that resolves a dispute and pays compensation to the plaintiff.

A lawyer's team will collect evidence to prove medical professionals didn't meet a certain standard of care, causing an injury. Lawyers for the defendants also gather their own evidence to prove the allegations. The attorneys will meet to negotiate an agreement. If a settlement cannot be reached, the case will be taken to court.

The trial process could take months, or years to complete. Plaintiffs could feel pain, stress and anxiety as they try to relive their child's birth injury trauma. The winner may be awarded a substantial amount. 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 ensure the best outcome at every stage of the litigation process, from drafting the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, or in the event of an appeal, if necessary. They can assist you in getting life-changing compensation for your family's requirements. A lawyer can also offer an expert witness network to support 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

Medical professionals have their own set of rules they must adhere to when conducting procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed as long as evidence is still available and witnesses' memories are still fresh. A lawsuit filed after the deadline for filing a lawsuit has passed is dismissed even the case has a solid legal basis.

For birth injury lawyers injury victims, the statute of limitations may be especially important. A successful claim could award the right to compensation for future and present medical expenses as well as lost wages due to missing work to care for the child, and emotional distress. In some cases the judge or jury will also award punitive damages intended to punish defendants for extreme carelessness.

A New York attorney who is familiar with birth injury claims should represent the victims. They are able to investigate the incident and gather evidence, make a case for negligence and negotiate a settlement or go to trial if needed. In certain situations an accused party may try to dismiss a case by saying that the time limit has expired. A lawyer will be able determine quickly if this is the situation. If the matter involves public hospitals which are operated by local, state, or federal governments in addition, a separate and much shorter statute of limitations could apply.

Expert Witnesses

In a medical malpractice case, expert witnesses can assist jurors and judges comprehend the evidence and the facts of the case. They may also offer professional or expert opinions to assist jurors to make a decision. They are allowed to do this because their knowledge and expertise is more thorough and reputable than a layperson or someone who is not a medical professional.

A legal representative may retain an expert witness to review medical records, provide testimony, and aid the lawyer in putting together the case. The expert witness would then sign an affidavit as well as testify in court about their findings. An expert could be an employee of the defendant's hospital or health care system, or a person outside of the institution.

The testimony of an expert should reflect the current state of medical knowledge at the time of the incident in the case. The expert should not denounce or condone performance within the generally accepted standards of practice. Experts should submit transcripts of depositions and courtroom testimony for peer review. They should not be a part of contracts where the fees for expert testimony are too expensive in comparison to the time and efforts involved.

Parents of children who has suffered a serious birth injury may be able to seek compensation for the future medical care the child will require in addition to any past expenses they have already incurred to provide care for the child. A steadfast lawyer can determine if negligence was the cause of the child's birth injury and seek compensation to reduce the financial burden for a family.