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Birth Injury Litigation

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

A competent lawyer can file your birth injury lawsuit as well as investigate the incident, gather evidence, build a case for negligence and assist you in settlement negotiations or at trial if necessary.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants sign an agreement to settle the case before the case goes to trial. Both parties can avoid expensive and stressful court fees and receive compensation for the plaintiff. If there is no trial, a jury will determine whether the defendants owe plaintiff compensation and how much they must pay.

The first step towards receiving financial compensation for a birth injury in your child is to prove the doctor who gave birth to your baby had an established professional relationship with you, and that he did not fulfill this duty during the birthing process. You can prove this using medical records and hospital invoices. Your lawyer will have to collect evidence that the breach led to the injury to your child.

If you have evidence, your lawyer will submit a package of demands to the malpractice insurance companies of the defendants. This document includes a detailed letter describing your child's injuries as well as supporting documents. The malpractice insurer will go through the request and either accept or reject it. If the demand is rejected the lawyer will file a lawsuit.

If you are the victim of a successful birth injury lawsuit your lawyer may suggest placing some of the settlement or award into a special needs trust. This will allow you to make future payments to your child for things like physical therapy, medication, and home modifications.

Trials

In some cases, lawyers will try to negotiate a settlement to resolve the matter without going to court. A settlement is a formal agreement that resolves the case and offers compensation to the plaintiff.

A team of lawyers will gather evidence to show that medical professionals failed to meet the standards of care and aggravated injuries. Lawyers representing the defendants will gather their own evidence to counter allegations. The attorneys will meet to negotiate a settlement. If a settlement cannot be reached the case will be sent to trial.

The trial process could take months, or years to be completed. Plaintiffs might be afflicted with pain, stress and risk as they relive the trauma of their child's birth. The winner may be awarded an enormous amount. But, a party that loses can appeal the decision.

A skilled lawyer for birth injuries can make a huge difference in your case. A lawyer can guarantee the best possible outcome through each step of the litigation process, from the drafting of the demand letter, to filing the lawsuit, discovery, settlement negotiations and trial, when necessary, appeals. They can help you obtain compensation that will transform your life, and the lives of your family members. A lawyer can connect you to a an expert network to help you with 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

The medical profession has its own set of rules that must be followed during procedures. These include the statute of limitations, that imposes a deadline for filing lawsuits. This limit is designed to ensure that claims are filed when evidence is available in physical form and the memories of witnesses are fresh. A lawsuit filed after the deadline for filing a lawsuit has passed is dismissed even if it has a strong legal basis.

The time limit for filing a claim can be important for birth injuries. A successful claim may provide compensation for current and future medical costs as well as lost wages due to missing work to care for the child, as well as emotional anxiety. In certain cases, the judge or jury could also award punitive damages to punish defendants for the most reckless of negligence.

A New York attorney who is familiar with birth injury claims should represent the victims. They can investigate the incident, gather evidence, make an argument for negligence and reach a settlement or go to trial if needed. In some instances an accused party may try to dismiss a case by saying that the time limit has expired. A lawyer should be able to quickly determine whether this is the case. If the matter involves public hospitals which are operated by the state, local or federal authorities, a separate and possibly much shorter statute of limitations could apply.

Expert Witnesses

In the case of medical malpractice, expert witnesses help jurors and judges understand evidence and facts in the case. They can also provide professional or specific opinions to help the jury decide. They are able to do this because their experience and expertise is more specific and reliable than the average person or one who has no medical training.

A lawyer may hire an expert witness to look over medical records, offer a testimony, and aid the lawyer in preparing the case. The expert would then sign an affidavit, and testify in court regarding their findings. An expert could be an internal employee of the defendant's hospital or health care system, or an individual outside that institution.

The expert's report must reflect the current medical knowledge available at the time. Experts should not criticize or condone performance within the generally accepted standards of practice. Experts should be prepared and able to provide transcripts from depositions or courtroom testimony to peers for review. They should not sign agreements that state that the costs for expert testimony are too expensive in comparison to the time and efforts involved.

Parents of children who has suffered a serious birth injury may be able to claim damages for the future care that their child will require, as well as past expenses they have already paid for the care of the child. A reliable lawyer can determine if negligence was involved in the child's birth injury and seek compensation to ease the financial burden on families.