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Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact the quality of life of your child. The medical treatment they require can be costly and long.

A competent lawyer will bring a birth injury lawsuit, investigate the incident and gather evidence, create a case for negligence and represent you in settlement negotiations or in court in the event of a trial.

Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants reach a settlement agreement prior to the case going to trial. This lets both parties avoid costly and stressful court costs, and also gives the plaintiff a guarantee of a fair settlement. If a trial is not possible, a jury can decide whether the defendants are accountable to pay compensation and what amount.

The first step toward receiving financial compensation 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 violated that duty during the birthing procedure. This can be done with medical records and hospital bills. Your lawyer will also have to collect evidence that proves the breach resulted in the injuries of your child.

Once you have this evidence the lawyer will then submit a demand package to the defendants' malpractice insurance carriers. The document contains a letter detailing the injuries suffered by your child, along with supporting documentation. The malpractice carrier will then examine the request and either take it up or reject it. If the demand is rejected the lawyer will bring a lawsuit.

In the event of a successful birth injury lawsuit, your attorney may recommend placing part of your settlement or award in a special trust for children with disabilities. This will permit you to make future payments to your child for things like physical therapy, medication, and home modifications.

Trials

In some cases, lawyers may try to reach an agreement to resolve the issue before going to court. A settlement is an agreement formalized that resolves the case and offers compensation to the plaintiff.

A team of attorneys will gather evidence to demonstrate that medical professionals did not provide the highest standards of care and caused injury. Lawyers representing the defendants will gather their own evidence to counter assertions. The attorneys will then meet with one other to negotiate an amount for settlement. If a settlement cannot be reached, the case will go to trial.

The trial process could take months or years to complete. Plaintiffs could feel pain, stress and risk as they relive the trauma of their child's birth. The winning party may receive an enormous amount. However, a losing party can file an appeal of the decision.

A birth injury lawyer who has experience can make all the difference in your case. Legal professionals can guarantee the best result at every stage of the litigation process, from drafting the demand letter, to filing the lawsuit or discovery, negotiation of settlement and trial or, in the event of an appeal, if necessary. They can help you obtain compensation that will change 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 how the injury occurred and fight for fair compensation.

Statute of limitations

Medical professionals have their own set of rules to adhere to when conducting procedures. These include the statute of limitations which sets a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed while evidence is still available and witnesses' memories remain fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed is dismissed even when it has a solid legal basis.

The statute of limitations can be important for birth injuries. A successful claim may provide the right to compensation for future and present medical costs and lost wages resulting from the absence of work to care for the child, as well as emotional stress. In certain circumstances, a judge or jury could also award punitive damage to punish defendants for the most reckless of negligence.

A New York attorney who is adept at defending birth injuries should represent the victims. They can investigate the incident, gather evidence, create an argument for negligence and reach a settlement or go to trial if needed. In some cases, a defendant might attempt to dismiss a lawsuit by arguing that the time limit has expired. A lawyer will be able to quickly determine when this is the case. If the matter involves public hospitals which are managed by state, local, or federal authorities the possibility of a separate, and shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can help juries and judges understand the evidence and the facts of a medical malpractice case. They may also provide expert or professional opinions and inferences to help them make a decision. They are permitted to do this because their expertise is more reliable and detailed than that of a layperson, or someone who has no medical education.

Legal representatives can hire an expert witness to look over medical records, give a testimony, and aid the lawyer in putting together the case. The expert would then sign an affidavit, and testify in court regarding their findings. An expert could be an employee of the defendant's hospital, health care system, or an individual outside of the institution.

The expert's opinion must reflect the current state of medical knowledge in the case at the time. Experts should not denounce any practice that is not in line with generally accepted practice standards or condone performance that is outside of the standards. Experts should be willing and able to provide transcripts from depositions or courtroom testimony to their peers to be reviewed. They should not sign any contracts that state that the costs for expert testimony are too expensive in comparison to the time and efforts involved.

Parents of children who suffers a serious birth injury may be able to seek damages for the future medical care the child will require, and also for past expenses that they have already paid for the care of the child. A lawyer who is committed can determine if negligence was involved in a child's birth injury and obtain compensation to ease a family's financial burden.