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Birth Injury Litigation

Birth injuries can result in serious disabilities that can impact your child's quality of living. Medical treatments can be costly and lengthy.

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 at trial should it be necessary.

Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants agree to an agreement for settlement before the case goes to trial. Both parties can avoid high and stressful court costs and receive compensation for the plaintiff. If a trial is not feasible, a jury will decide whether the defendants are liable to pay compensation and in what amount.

The first step in obtaining financial compensation for a birth injury in your child is to prove the doctor who gave birth to your baby had a professional relationship with you, and that he violated this duty during the birthing process. You can do this by using medical documents and hospital invoices. Your lawyer will also need to find evidence that shows the breach was responsible for your child's injuries.

Once you have this evidence the lawyer will then submit a demand package to the defendants' malpractice carriers. The demand package will contain a comprehensive letter describing your child's injuries as well as supporting documents. The malpractice insurer will examine the request, and either take it or leave it. If the demand is rejected by your lawyer, they will file a lawsuit.

If you are the victim of a successful birth injury lawsuit your lawyer may suggest placing a portion of your settlement or award into a special trust for children with disabilities. This will allow you to give future funds to your child for things like physical therapy, medicine and home modifications.

Trials

In some cases, lawyers will try to reach an agreement to resolve the issue before taking it to court. A settlement is an agreement in writing that settles the matter and also provides compensation to the plaintiff.

A team of lawyers will collect evidence to prove that medical professionals did not meet the standards of care and caused injuries. The lawyers representing the defendants will also collect evidence to disprove the claims. The attorneys will meet to negotiate the terms of a settlement. If a settlement can't be reached then the case will go to trial.

The trial process may take months or years to take to. Plaintiffs may suffer from pain, stress and anxiety as they try to relive the trauma of their child's birth. The winner could receive a large award. But, a party that loses may appeal the decision.

A knowledgeable birth injury lawyer can make a huge difference in your case. A lawyer can assist you to get the best possible outcome throughout the litigation process. From the writing of the demand letters, to filing the lawsuits or discovery, settlement negotiations, trial, or appeals should they be required an attorney will ensure the highest possible outcome. They can help you receive compensation that can change your life as well as the lives of your family. A lawyer can help you establish a a network of experts to back your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred and fight for fair compensation.

Statute of limitations

The medical profession has its own set of rules to be followed in all procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories are still fresh. Even if the suit has a solid legal foundation it will be dismissed if it's filed after the statute has expired.

The statute of limitations is important for victims of birth injuries. A successful claim may provide the compensation needed for future and ongoing medical expenses and lost wages resulting from the absence of work in order to take care of the child, and emotional stress. In some cases the judge or jury may also award punitive damages to punish defendants for committing a serious carelessness.

A New York attorney who is adept at defending birth injuries should represent victims. They can investigate and collect evidence to make a case of negligence or negotiate a settlement or go to court if needed. In certain cases there is a possibility for a defendant to dismiss a case claiming that the statute of limitation has passed. A lawyer is able to determine whether this is the situation. If the case involves a public health facility that is managed by local government, state or federal authorities, separate and potentially much shorter time limits for statute of limitations could apply.

Expert Witnesses

Expert witnesses can help juries and judges comprehend the evidence and the facts of the medical malpractice case. They are also able to provide expert or specialized opinions and inferences to assist them in making a decision. They are permitted to make this claim because their knowledge and expertise is more detailed and trustworthy than the average person or one who has no medical education.

A lawyer may hire an expert witness to look over medical records, offer a testimony, and assist the lawyer in preparing the case. The expert will then sign an affidavit, and testify in court regarding their findings. An expert can be a hospital employee or health care professional from the defendant's institution, or an outsider.

The expert's testimony should reflect the current state of medical knowledge in the case at the time. Experts should not rebuke any practice that is not in line with generally accepted practices or allow for performance that is in violation of the standards. Experts should be willing and able to provide transcripts of depositions and courtroom testimony to peers to be reviewed. They should not sign contracts that state that the costs for expert testimony are excessively high compared to their time and efforts involved.

Parents of a child who has suffered a severe birth trauma may seek damages to pay for the future expenses they'll have to pay for the care of their child and any previous expenses that may have been paid for. A reliable lawyer can determine if negligence was the cause of the child's injuries at birth and secure compensation that can reduce the financial burden for the family.