Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact 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 collect evidence, make a case for negligence and represent you during settlement negotiations or in court in the event of a trial.

Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants agree to a settlement agreement prior to going to trial. This helps both parties save money and birth injury lawsuit stress-inducing court costs, and provides the plaintiff with a guarantee of a fair settlement. If a trial is not possible, a jury decides whether the defendants are accountable to pay compensation and how much.

The first step in obtaining the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your baby had a an established professional relationship with you, and he violated that obligation during the birthing process. This can be done with medical records and hospital bills. Your lawyer will need to prove that the breach caused the injuries to your child.

If you have evidence, your lawyer will then submit a list of demands to the malpractice insurance carriers of the defendants. The document will include a letter detailing the injuries suffered by your child, as well as supporting documentation. The malpractice insurance company will examine the request and either accept or deny it. If the demand is rejected your lawyer will file suit.

Your lawyer could suggest that in the case of a successful lawsuit involving birth injury, a portion of the settlement or award is put into a special-needs fund. This will allow you to grant future funds to your child for things such as physical therapy, medicine, and home modifications.

Trials

In some cases lawyers will try to reach a settlement to resolve the matter without having to go to court. Settlements offer financial compensation to a plaintiff and ends in an official agreement that resolves the case.

An attorney's team will collect evidence to prove that medical professionals didn't meet a high standard of care, causing an injury. Lawyers for defendants will also collect evidence on their own to disprove claims. The attorneys will meet to negotiate for a settlement. If a settlement cannot be reached, the case will go to court.

The trial process may take a long time to complete. Plaintiffs can experience stress, pain and danger as they revisit their child's arkansas birth injury lawsuit injury trauma. The winning side may be awarded a substantial verdict. The losing party can appeal the decision.

A skilled birth injury lawyer can make all the difference in your case. A lawyer can help you achieve the best possible outcome at every stage of the litigation process. From the creation of demand letters, to filing the lawsuits, discovery, settlement negotiation and appeals, as well as trials when necessary A legal professional can ensure the most favorable outcome. They can assist you in obtaining compensation that will transform your life and the lives of your family. A lawyer can also help you establish a a network of expert witnesses to back your claim. The legal team at Lipsitz Green will investigate your case to determine the reason for 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 specifies a deadline for filing lawsuits. This limit is designed to ensure that claims are filed in the time evidence is still available and the memories of witnesses are fresh. Even if a lawsuit has a solid legal foundation the case can be dismissed if it is filed after the statute of limitations has expired.

The time limit for filing a claim can be important for birth injuries. A successful claim may provide compensation for future and current medical expenses loss of wages due to the inability to work in order to care for the child, as well as emotional distress. In some cases a judge or jury may also award punitive damages intended to punish defendants for extreme inattention to detail.

The victims of birth injuries should have a New York attorney familiar with these kinds of claims. They can investigate the incident, collect evidence, build an argument for negligence and negotiate a settlement or go to trial if necessary. In some cases, a defendant may try to dismiss a lawsuit by claiming that the statute of limitation has run out. A lawyer should be able to quickly determine whether this is the situation. If the case involves a public hospital that is managed by local, state or federal governments there could be separate and shorter statute of limitations could be in effect.

Expert Witnesses

Expert witnesses can assist juries and judges comprehend the evidence and the facts of the medical malpractice case. They also offer professional or specific opinions to assist jurors make a decision. They are allowed to do so because their knowledge is more reputable and detailed than the knowledge of a layperson or someone without medical training.

A lawyer can engage an expert witness to review medical records, provide a testimony, and assist the lawyer in putting together the case. The expert would sign an affidavit, and then be able to testify in court. An expert could be an internal employee of the defendant's hospital or health care system, or someone who is not associated with the institution.

The expert's opinion must reflect the current state of medical knowledge at the time. Experts should not criticize or condone the performance of a physician within generally accepted standards of practice. Experts should be prepared and able to submit transcripts of depositions and courtroom testimony to peers for review. They should not enter into agreements in which the costs for their expert testimony are disproportionately high in relation to their time and effort involved.

Parents of children who suffers a serious birth injury may be able to seek compensation for future medical care the child will require, in addition to any past expenses that they have already paid to provide care for the child. An experienced lawyer can determine if negligence was involved in the child's injury during birth and seek compensation to help ease the financial burden of the family.