Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact the quality of life of your child. Medical treatments can be expensive and lengthy.

A competent lawyer will make a birth injury lawsuit to investigate the incident, gather evidence, present the case for negligence, birth injury lawyer and also represent you in settlement negotiations or at trial if needed.

Settlements

In the majority of medical malpractice lawsuits, the plaintiff and defendant agree to an agreement before the case is even tried. This allows both parties to save money and stress-inducing court costs, birth injury lawyer and gives the plaintiff a guarantee of compensation. If a trial is not possible, a jury can decide whether the defendants are accountable to compensate the plaintiff and how much.

The first step towards receiving 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 official relationship with you, and he violated this obligation during the birthing process. You can prove this by using medical records and hospital invoices. Your lawyer will need to gather proof that the breach was responsible for the injury to your child.

If you have evidence, your lawyer will submit a package of demands to the malpractice insurers of the defendants. The document contains a letter detailing the injury suffered by your child along with supporting documentation. The malpractice insurance company will look over the demand, and accept or reject it. If the demand is rejected by your lawyer, they will start a lawsuit.

Your lawyer may suggest that in the event of a successful lawsuit for birth injury, a portion of the settlement or award is placed into a special needs fund. This will permit your child to access funds in the future to fund things like medicine physical therapy, home modifications.

Trials

In some instances, attorneys will attempt to find a solution to the matter before going to court. A settlement is an agreement formalized that resolves a dispute and pays compensation to the plaintiff.

A team of attorneys will gather evidence to demonstrate that medical professionals did not meet the standards of care and caused injuries. Lawyers for the defendants also gather evidence to counter the claims. The attorneys will then sit down with each other to negotiate the amount of settlement. If a settlement can't be reached then the case will go to trial.

The trial process could take months, or years to be completed. Plaintiffs can feel pain, stress and even risk when they recall the trauma of their child's birth. The winner could receive a large settlement. A party that loses the appeal can appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can assist you to get the best possible result throughout the litigation process. From the writing of the demand letters to filing lawsuits and discovery, settlement negotiations and appeals, as well as trials when necessary A legal professional will ensure the best possible outcome. They can help you receive compensation that will alter your life as well as the lives of your family members. A lawyer can also provide experts to support your claim. The legal team of Lipsitz Green will investigate the incident to determine what went wrong and fight for a reasonable amount of compensation.

Statute of Limitations

Medical professionals have their own set of rules that they must follow when conducting procedures. This includes the statute of limitations which specifies a deadline for filing lawsuits. This limitation is designed to ensure that claims can be filed when evidence is still available and witnesses' memories are still fresh. A lawsuit filed after the statute of limitations has expired is dismissed even in the event that it has a solid legal basis.

The statute of limitations is crucial for those suffering from birth injury law firm injuries. A successful case could result in the right to compensation for future and present medical expenses loss of wages due to the inability to work to take care of the child, as well as emotional distress. In certain cases, a jury or judge will also award punitive damages intended to punish defendants for extreme inattention to detail.

A New York attorney who is adept at defending birth injuries is required to represent the victims. They can investigate the incident and collect evidence, build a case for negligence and settle the case or go to trial if needed. In certain cases the defendant might try to dismiss a suit claiming that the statute of limitation has expired. A lawyer should be able to quickly determine whether this is the situation. If the case involves a public health facility that is managed by local, state or federal governments the possibility of a separate and shorter statute of limitations could be in effect.

Expert Witnesses

In an instance of medical malpractice, experts are able to help jurors and judges understand evidence and facts in the case. They are also able to provide expert or specialized opinions and conclusions to help them make a decision. They can do this because their knowledge and expertise is more thorough and trustworthy than an average person or someone who has no 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 will sign an affidavit, and then appear in the court. An expert can be an employee of a hospital or health care professional from the defendant's establishment or an outsider.

An expert's testimony should reflect the state of medical knowledge at the time of the occurrence in the case. The expert should not denigrate or condone performance within the generally accepted standards of practice. Experts should be willing and able to send transcripts from depositions or courtroom testimony to peers for review. They should not sign agreements in which the costs for their expert testimony are inordinately high in relation to the time and effort.

Parents of children who suffers a serious birth injury may seek damages for the future care that their child will require, as well as past expenses they have already incurred to care for the child. A determined attorney can determine if negligence was involved in the child's injuries at birth and obtain compensation that will help ease the financial burden of families.