Birth Injury Litigation

Birth injuries can cause severe disabilities that can negatively impact your child's quality of living. Medical treatments can be costly and can take a long time.

A reputable lawyer can file your birth injury lawsuit to investigate the incident, gather evidence, build an argument for negligence and represent you in settlement negotiations or in court if necessary.

Settlements

In more than 90% of medical malpractice cases, the plaintiffs and defendants reach an agreement to settle the case prior to going to trial. This helps both parties save money and stress-inducing court costs, and gives the plaintiff a promise of a fair settlement. If a trial cannot be reached, a jury will determine if the defendants owe the plaintiff any compensation and the amount of they must pay.

The first step to receive the financial compensation you deserve for your child's birth injury is proving that the doctor you hired to deliver your baby was in an official relationship with you and violated the duty of care during the birthing procedure. This can be done with medical records and hospital bills. Your lawyer will also have to gather evidence that the breach resulted in your child's injuries.

Once you have the evidence, your lawyer will submit a package of demands to the malpractice insurers of the defendants. This document includes a detailed letter describing your child's injuries as well as supporting documents. The malpractice insurance company will review the request, and then either decide whether or not to accept it. If the demand is rejected, your lawyer will bring a lawsuit.

If you are the victim of a successful birth injury lawsuit, your attorney may recommend placing the proceeds of your settlement or award in a special trust for children with special needs. This will allow you to provide future funds to your child for things such as physical therapy, medicine and home modifications.

Trials

In some instances, attorneys will try to come to an agreement on how to settle the issue before taking it to court. Settlements offer an amount of money to the plaintiff and ends in an official agreement that concludes the matter.

A team of lawyers will gather evidence to show that medical professionals did not meet the highest standards of care, causing injury. Lawyers representing the defendants will also gather evidence to counter the claims. The attorneys will meet to discuss an agreement. If no settlement can be reached the case will be sent to trial.

The trial process may be lengthy or take years to take to. Plaintiffs could be afflicted with pain, stress and risk as they relive their child's birth injury trauma. The winning party could be awarded a large verdict. A party that loses the appeal can appeal the decision.

A knowledgeable birth injury lawyer can make all the difference in your case. A lawyer can help you obtain the best outcome at every stage of the litigation process. From the drafting of demand letters to filing lawsuits, discovery, settlement negotiation or appeals If necessary a lawyer 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 provide you with a an expert network to back your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred and fight for fair compensation.

Statute of Limitations

The medical profession has its own set of rules that must be followed in all procedures. This includes the statute of limitation, which sets a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed while evidence is still available and witnesses' memories are fresh. A lawsuit filed after the statute of limitations has expired will be dismissed even the case has a solid legal basis.

The time limit for filing a claim can be important for birth injuries. A successful claim can provide compensation for the victim's current and future medical expenses as well as lost wages due to missing work to care for their child, and emotional anxiety. In certain instances, the judge or jury may also award punitive damage to punish defendants who have demonstrated the most reckless of negligence.

A New York attorney who is well-versed in birth injury claims should represent the victims. They can conduct investigations and gather evidence to prove a case of negligence or negotiate a settlement or go to court when necessary. In some cases the defendant may attempt to dismiss a case by saying that the time limit has expired. A lawyer will be able to determine quickly when this is the case. If the matter involves public hospitals which are operated by the state, local or federal governments in addition, a separate and shorter time limit could be in place.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and the facts of a medical malpractice case. They also offer specialized or professional opinions to help the jury make a decision. They are permitted to do so because their knowledge is more reputable and detailed than those of a layperson or someone with no medical training.

A lawyer may hire an expert witness to review medical records, give a testimony, and assist 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 internal employee of the defendant's hospital, health care system, or an individual who is not employed by the institution.

An expert's report should reflect the state of medical knowledge at the time of the incident. Experts should not rebuke any practice that is not in line with generally accepted practices or support performance that is outside of those standards. Experts should be prepared and able to submit transcripts of depositions and courtroom testimony to their peers to be reviewed. They should not sign agreements in which the costs for their expert testimony are inordinately expensive in comparison to the time and effort.

Parents who have a child suffering from a severe birth injury may be able to claim damages for the future care that the child will require, and for any previous expenses they have already paid for the care of the child. A lawyer who is committed can determine if negligence responsible for a child's birth injury and obtain compensation to ease the family's financial burden.