Birth Injury Litigation

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

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

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants sign an agreement on settlement before the case goes to trial. Both parties can avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial isn't feasible, a jury determines whether the defendants are liable to compensate the plaintiff and how much.

The first step in obtaining the financial compensation you deserve for your child's birth injury is proving that the doctor you hired to deliver your child had a an professional relationship with you and breached that duty during the birthing process. This can be accomplished with medical documents and hospital bills. Your lawyer will also have to find evidence that shows the breach caused your child's injuries.

If you have the evidence, your lawyer will submit a demand package to the defendants' malpractice companies. This document includes a written statement detailing the injuries suffered by your child, together with the supporting documentation. The malpractice company will examine the request and either accept or reject it. If the demand is rejected then your lawyer will make a claim.

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

Trials

In some instances, attorneys will attempt to come to an agreement on how to settle the issue prior to going to court. A settlement is an agreement formalized that resolves a dispute and pays compensation to the plaintiff.

A lawyer's team will collect evidence to prove medical professionals didn't meet a high standard of care, causing an injury. Lawyers representing the defendants will also gather evidence to prove the allegations. The attorneys will meet to discuss an agreement. If no settlement can be reached, the case will go to court.

The trial process could take months or years to be completed. Plaintiffs might experience stress, pain and even risk when they recall their child's birth injury trauma. The winning party could win an award of a significant amount. A party that loses the appeal can appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can assist you to get the best possible result at every stage of the litigation process. From the creation of demand letters to filing the lawsuits or discovery, settlement negotiations or appeals If necessary, a legal professional can ensure the most favorable outcome. They can assist you in obtaining compensation that can change your life as well as the lives of your family. Lawyers can also provide a network of expert witnesses to back your claim. The legal team at Lipsitz Green will investigate the case to determine the cause and fight for a fair amount of compensation.

Statute of Limitations

Medical professionals have their own set of rules they must adhere to in their procedures. This includes the statute of limitation 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 remain fresh. Even if a lawsuit has an established legal foundation, it can be dismissed if it is filed after the statute of limitations has expired.

The statute of limitations is crucial for birth injuries. A successful claim can provide compensation for the victim's current and future medical expenses and lost wages resulting from having to work in order to take care of their child, and emotional anxiety. In some cases, the jury or judge may also award punitive damage to punish defendants who have demonstrated an extreme lack of care.

A New York attorney who is adept at defending birth injuries should represent victims. They can investigate and collect evidence to establish a case of negligence, negotiate a settlement, or go to court when necessary. In certain situations the defendant may attempt to dismiss a lawsuit saying that the statute of limitations has expired. A lawyer will be able to swiftly determine if this is the case. If the case involves public hospitals, which are managed by local, state, or federal governments there is a separate and much shorter statute of limitations may apply.

Expert Witnesses

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

Legal representatives can enlist an expert witness to review medical records, give testimony and assist the lawyer put together the case. The expert would sign an affidavit and then testify in court. An expert could be an employee of a hospital or health care provider from the defendant's institution, or an outsider.

An expert's testimony should reflect the current state of medical knowledge at the time of the incident. Experts should not criticize or accept the practice as a whole within generally accepted standards of practice. Experts should be willing to submit transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign any contracts where the fees for expert testimony are excessively high in comparison to the time and efforts involved.

Parents of a child that has suffered a severe birth trauma may seek damages to cover the cost they'll have to pay to care for their child and any previous expenses that may have been that they have incurred. A lawyer who is committed can determine if negligence was responsible for a child's birth injury and obtain compensation to ease a family's financial burden.