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Birth Injury Litigation

Birth injuries can lead to serious disabilities and can affect the quality of life for your child. The medical treatments that they require can be costly and take a long time.

A good lawyer will file a lawsuit for birth injury, investigate the incident, collect evidence, and build a case of negligence. They can represent you in settlement negotiations or in court if necessary.

Settlements

In the majority of medical malpractice lawsuits, the plaintiff and defendant reach a settlement prior to the case is even tried. This helps both parties avoid the burdensome and costly court costs, and provides the plaintiff with a guarantee of compensation. If a trial isn't feasible, a jury will decide whether the defendants are accountable to pay compensation and how much.

The first step in obtaining financial compensation for a birth injury in your child is to prove the doctor who delivered your baby had a professional relationship with you, and that he breached this obligation during the birthing procedure. You can do this by using medical records and hospital invoices. Your lawyer will need to gather proof that the breach led to the injuries to your child.

If you have evidence, your lawyer will submit a package of demands to the malpractice insurance companies of the defendants. The document will include a detailed letter that outlines the child's injuries as well as supporting documents. The malpractice insurance company will review the request and decide whether to take it or leave it. If the demand is rejected by your lawyer, they will make a claim.

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

Trials

In some instances, attorneys attempt to reach an agreement to resolve the issue prior to going to court. A settlement is an agreement in writing that settles a case and provides compensation to the plaintiff.

A team of attorneys will gather evidence to show that medical professionals did not adhere to the standards of care and caused injuries. Lawyers representing the defendants will gather their own evidence to counter allegations. The attorneys will meet to discuss the terms of a settlement. If a settlement cannot be reached the case will be sent to trial.

The trial process can take months or years to complete. It can be stressful, risky and painful for plaintiffs, as they experience the trauma of their child's birth injuries. The winning party could win an award of a significant amount. However, a losing party may appeal the decision.

A birth injury lawyer who has experience can make all the difference in your case. A lawyer can assist you to get the best possible result throughout the litigation process. From the writing of the demand letters, to filing the lawsuits or discovery, settlement negotiations or appeals should they be required, a legal professional will ensure the highest possible outcome. They can help you obtain an award that will change your life for your family's needs. Lawyers can also provide a network of expert witnesses to support 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 that they must follow during 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 when evidence is still available and witnesses' memories remain fresh. A lawsuit filed after the statute of limitations has expired will be dismissed, even when it has a solid legal basis.

The statute of limitations can be important for victims of birth injuries. A successful lawsuit could provide compensation for future and current medical costs loss of wages due to the inability to work in order to care for the child, as well as emotional anxiety. In certain cases, a jury or judge may also award punitive damages to punish defendants for committing a serious carelessness.

Birth injuries victims should have an New York attorney familiar with these types of claims. They can investigate and collect evidence to prove a case of negligence, negotiate a settlement, or take the case to court if required. In some instances there is a possibility that a defendant will attempt to dismiss a case by asserting that the statute of limitations has run out. A lawyer can determine quickly if this is the situation. If the situation involves public hospitals which are managed by local, state, or federal authorities the possibility of a separate, and shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and the facts of the medical malpractice case. They can also offer expert or professional opinions and inferences that can help them make an informed decision. They are permitted to do this because their knowledge and expertise is more specific and reliable than that of an average person or someone who has no medical training.

A legal representative can retain an expert witness to review medical records, give an account and assist the lawyer to put together the case. The expert will sign an affidavit and then give evidence in the court. An expert could be an employee of the defendant's hospital or health care system, or an individual who is not employed by the institution.

An expert's testimony should reflect the current state of medical knowledge at the time of the incident in the case. Experts should not denounce performance that falls within generally accepted practices or allow for performance that is in violation of those standards. Experts should be prepared 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 effort.

Parents of a child that has suffered a severe birth trauma can seek damages to cover the costs they will incur for their child's medical care and any previous expenses that may have been incurred. A lawyer who stands by his word will determine if negligence involved in a child's birth injury and obtain compensation to ease a family's financial burden.