Birth Injury Litigation

Birth injuries can cause serious disabilities that can affect the quality of life of your child. Medical treatments can be costly and take a long time.

A competent lawyer can file your birth injury lawsuit and investigate the incident to gather evidence, build the case for negligence, and represent you during settlement negotiations or at trial if needed.

Settlements

In 90% of medical malpractice lawsuits the defendant and plaintiff reach an agreement before the case is heard. This lets both parties save money and stress-inducing court costs, and provides the plaintiff with a guarantee of compensation. If a trial is not feasible, a jury determines whether the defendants are accountable to pay compensation and what amount.

The first step towards receiving financial compensation for a birth injury in your child is to prove the doctor who gave birth to your baby had an established professional relationship with you and that he breached this obligation during the birthing process. This can be accomplished using medical records and hospital bills. Your lawyer will also need to collect evidence that proves the breach caused your child's injuries.

If you have evidence, your attorney will present a complete set of demands to the malpractice insurance companies of the defendants. This document includes a letter detailing the injuries suffered by your child, together with the supporting documentation. The malpractice insurance company will review the demand and either accept it or reject it. If the demand is rejected then your lawyer will file suit.

If you are the victim of a successful birth injury lawsuit your lawyer may suggest placing a portion of your settlement or award into a special trust for children with disabilities. This will enable your child to access funds in the future for things such as medicine, physical therapy and home modifications.

Trials

In some instances lawyers will attempt to reach a deal to settle the issue without having to go to court. A settlement provides the plaintiff with financial compensation and results in an official agreement that settles the matter.

An attorney's team will gather evidence to prove medical professionals didn't meet a high standard of care and caused an injury. Lawyers representing defendants will gather their own evidence to prove the claims. The attorneys will then sit down with each other to discuss a settlement amount. If no settlement can be reached, the case will go to trial.

The trial process may take months or years to complete. It can be a stressful, risky and painful for plaintiffs who have to relive the trauma of their child's birth injuries. The winner could receive a large award. However, a losing party could appeal the decision.

A birth injury lawyer with years of experience can make all the difference in your case. A lawyer can help you obtain the best outcome throughout the litigation process. From the writing of the demand letters to filing lawsuits or discovery, settlement negotiations, trial, or appeals should they be required A legal professional will ensure the best possible outcome. They can help you get compensation that will transform your life, and the lives of your family. A lawyer can provide you with an expert network to help support your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for reasonable amount of compensation.

Statute of limitations

The medical profession has its own set of rules to be adhered to during procedures. This includes the statute of limitations that sets a time limit for filing lawsuits. This limitation is designed to ensure that claims are filed while evidence is available in physical form and witnesses' memories are fresh. Even if the suit has an established legal foundation the case is dismissed if it is filed after the statute has expired.

The time limit for filing a claim can be important for victims of birth injuries. A successful claim could result in compensation for the victim's present and future medical expenses and lost wages resulting from having to work in order to care for their child, and emotional distress. In some cases, the juror or judge could also award punitive damages to punish defendants who have shown extreme negligence.

A New York attorney who is familiar with birth injury claims is required to represent the victims. They can investigate and collect evidence to establish a case of negligence, negotiate a settlement, or take the case to court if necessary. In certain cases the defendant could try to dismiss a lawsuit by claiming that the statute of limitations has expired. A lawyer will be able to swiftly determine whether this is the situation. If the case involves a public health facility, which are operated by local or federal government the possibility of a separate and shorter statute of limitations may be in effect.

Expert Witnesses

In an instance of medical malpractice, experts can help jurors and judges understand the evidence and facts in the case. They can also provide expert or specialized opinions to help jurors decide. They are able to offer their opinions because their knowledge is more reliable and precise than that of a layperson, or someone without medical training.

A legal representative may retain an expert witness to review medical records, provide a testimony, and assist the lawyer in preparing the case. The expert would then be required to sign an affidavit as well as testify in court about their findings. An expert could be an employee of a hospital or health care provider at the defendant's facility or an outsider.

An expert's report should reflect the 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 guidelines of practice. Experts should be willing and able to send transcripts of depositions and courtroom testimony to their peers to be reviewed. They should not sign any contracts that state that the costs for expert testimony are too high compared to their time and efforts involved.

Parents of a child who suffered a severe birth trauma may seek damages to cover the future costs they'll incur for the care of their child and any previous expenses that may were incurred. A lawyer who is steadfast can determine if negligence the cause of a child's birth injury and secure compensation to ease the family's financial burden.