Birth Injury Litigation

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

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

Settlements

In 90% of medical malpractice lawsuits, the plaintiff and defendant agree to a settlement before the case is heard. Both parties are able to avoid the expensive and stressful court fees and receive compensation for the plaintiff. In the event that an agreement cannot be reached the jury will decide whether the defendants owe plaintiff any compensation and the amount of money they should pay.

The first step to receiving financial compensation for a birth injury in your child is proving the doctor who delivered your baby had an established professional relationship with you and that he acted in breach of this duty during the birthing process. This can be done by using medical records and hospital invoices. Your lawyer will need to find evidence that the breach was responsible for your child's injuries.

If you have evidence, your attorney will send a set of demands to the malpractice insurance companies of the defendants. The document contains a letter detailing your child's injuries, as well as supporting documentation. The malpractice insurer will review the demand, and take it or leave it. If the demand is rejected your lawyer will file a lawsuit.

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

Trials

In certain cases, attorneys may try to come to an agreement on how to settle the issue prior to going to court. A settlement provides the plaintiff with financial compensation and is a formal agreement that ends the matter.

An attorney's team will gather evidence to prove medical professionals didn't meet a certain standard of care and caused injury. Lawyers for defendants also collect their own evidence to disprove claims. The attorneys will meet to discuss a settlement. If no settlement can be reached then the case will go to trial.

The trial process may be lengthy or take years to complete. It can be stressful, risky and painful for plaintiffs who have to relive the trauma of their child's birth injuries. The winning side may receive a large settlement. A losing party may appeal the decision.

A knowledgeable birth injury lawyer can make all the difference in your case. A lawyer can guarantee the best possible outcome through each stage of the litigation process, from the drafting of the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, in the event of an appeal, if necessary. They can help you receive compensation that will alter your life, and the lives of your family members. A lawyer can help you establish a an expert network to back your claim. The legal team at Lipsitz Green will investigate the incident to determine what went wrong and fight for a fair compensation.

Statute of limitations

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

For victims of birth injuries the statute of limitations can be crucially important. A successful case can result in compensation for the victim's present and future medical expenses as well as lost wages due to working less to take care of their child, as well as emotional anxiety. In certain cases, the judge or jury may also award punitive damage to punish defendants for an extreme lack of care.

The victims of birth injury lawsuit injuries should have an New York attorney familiar with these types of claims. They can investigate the incident and gather evidence, create an argument for negligence and settle the case or go to trial if needed. In certain instances there is a possibility that a defendant will attempt to dismiss a lawsuit claiming that the time limit has expired. A lawyer will be able to swiftly determine if this is the case. If the case involves public hospitals which are operated by local, state, or federal governments in addition, a separate and much shorter statute of limitations could be in place.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and facts of a medical malpractice case. They may also provide expert opinions or inferences that can help them make an informed decision. They are able to offer this advice because their knowledge and expertise is more detailed and trustworthy than the average person or one who has no medical training.

Legal representatives can enlist 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 can be a hospital employee, health care provider at the defendant's facility or an outsider.

The expert's opinion must reflect the current medical knowledge at the time. The expert should not denigrate or accept the practice as a whole within generally accepted guidelines of practice. Experts should be able to provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not enter into contracts where the fees for their expert testimony are disproportionately high in relation to the time and effort involved.

Parents of a child that has suffered a serious birth trauma can seek damages to cover the cost they'll incur for the care of their child and any previous expenses that may were incurred. A reliable attorney can determine whether negligence caused the child's injury at birth and can secure compensation to help ease the financial burden of a family.