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Birth Injury Litigation

Birth injuries can result in severe disabilities that can negatively impact the quality of life of your child. The medical treatments they require can be expensive and lengthy.

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

Settlements

In a majority of medical malpractice cases, the defendant and plaintiff reach a settlement prior to the case is heard. This helps both parties avoid expensive and stressful court costs, and gives the plaintiff a guarantee of compensation. In the event that a trial cannot be reached, a jury will decide whether the defendants owe the plaintiff any compensation and the amount of amount they have to pay.

The first step to receiving financial compensation for birth injuries in your child is proving the doctor who gave birth to your child had a professional relationship with you and that he did not fulfill this duty during the birthing procedure. This can be done with medical records and hospital bills. Your lawyer will also have to establish that the breach caused your child's injuries.

Once you have this evidence and your lawyer has it, they will send a demand form to the plaintiffs' malpractice insurers. The document will include a detailed letter describing your child's injuries as well as supporting documents. The malpractice insurance company will review the request, and either decide whether or not to accept it. If the demand is rejected then your lawyer will bring a lawsuit.

Your lawyer may suggest that, in the event of a successful lawsuit to remedy birth injuries, a portion of the settlement or award is placed into a special needs fund. This will allow you to make future payments to your child to cover things such as physical therapy, medication, and home modifications.

Trials

In certain instances lawyers will try to reach a settlement to resolve the matter without having to go to court. A settlement is a formal agreement that resolves a dispute and pays compensation to the plaintiff.

An attorney's team will collect evidence to show that medical professionals did not adhere to a high standard of care and caused injury. Lawyers for defendants also gather their own evidence in order to refute assertions. The attorneys will then meet one and negotiate a settlement amount. If a settlement can't be reached, the case will go to trial.

The trial process can take a long time to complete. Plaintiffs can be afflicted with pain, stress and anxiety as they try to relive their child's birth injury trauma. The winning party could receive a large settlement. However, a losing party may appeal the decision.

A birth injury lawyer with years of experience can make a significant difference in your case. A lawyer can help you obtain the best outcome at every stage of the litigation process. From drafting the demand letters, to filing the lawsuits or discovery, settlement negotiations and appeals, as well as trials should they be required a lawyer will ensure the best possible outcome. They can help you get compensation that will transform your life and that of your family. A lawyer can also help you establish a an expert witness network to back your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for fair amount of compensation.

Statute of limitations

The medical profession has its own set of rules to be followed in all procedures. This includes the statute of limitations, that imposes a deadline for filing lawsuits. This limitation is designed to ensure that claims can be filed while evidence is still accessible and witnesses' memories are fresh. Even if the lawsuit is based on a solid legal basis, it will be dismissed if filed after the statute has expired.

For Birth Injury Law Firms injury victims the statute of limitations could be particularly crucial. A successful lawsuit can offer compensation for the victim's current and future medical expenses and lost wages resulting from working less to care for their child, as well as emotional anxiety. In certain instances, the judge or jury may also award punitive damage to punish defendants who have demonstrated excessive negligence.

Victims of birth injuries should have an New York attorney familiar with these kinds of claims. They can conduct investigations and gather evidence to make a case of negligence or negotiate a settlement or go to court if required. In some cases the defendant could try to dismiss a case claiming that the statute of limitation has run out. A lawyer will be able to quickly determine whether this is the case. If the case involves public hospitals, which are operated by local, state or federal governments in addition, a separate and much shorter statute of limitations could be in place.

Expert Witnesses

In a medical malpractice case, expert witnesses can assist jurors and judges to understand evidence and facts in the case. They may also provide specialized or professional opinions and conclusions to help them make an informed decision. They are allowed to do this because their experience and expertise is more precise and reliable than the average person or one with no medical background.

Legal representatives can enlist an expert witness to review medical records, give a testimony and help the lawyer with the case. The expert would sign an affidavit and then appear in the court. An expert can be an employee of a hospital or health care professional at the institution of the defendant or an outsider.

An expert's report should reflect the state of medical knowledge at the time of the incident. Experts should not denounce the performance that is within generally accepted practice standards or allow for performance that is in violation of those standards. Experts should be prepared and able to provide transcripts of depositions and courtroom testimony to their peers for review. They should not sign agreements that state that the costs for expert testimony are too high compared to their time and effort.

Parents who have a child suffering from a severe birth injury may seek compensation for the future medical care their child will require and also for past expenses that they have already paid for the care of the child. An experienced attorney can determine if negligence caused the child's injury during birth and secure compensation that can ease the financial burden on families.