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Birth Injury Litigation

Birth injuries can result in severe disabilities that could affect your child's quality of living. The medical treatment they require can be costly and long.

A competent lawyer can file your birth injury lawsuit and investigate the incident to gather evidence, present the case for negligence, and represent you in settlement negotiations or at trial in the event of a trial.

Settlements

In a majority of medical malpractice lawsuits the plaintiff and defendant reach a settlement before the case goes to trial. Both parties can avoid expensive and stressful court fees and receive compensation for the plaintiff. If an agreement cannot be reached the jury will decide whether the defendants owe plaintiff compensation and how much they must pay.

The first step to receive the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your baby had a an official relationship with you and breached this obligation during the birthing procedure. You can prove this by using medical documents and hospital invoices. Your lawyer must prove that the breach caused your child's injuries.

If you have evidence, your lawyer will send a set of demands to the malpractice insurance carriers of the defendants. The document contains a letter detailing the injuries suffered by your child, as well as supporting documentation. The malpractice company will examine the request and either accept or deny it. If the demand is rejected then your lawyer will file a lawsuit.

If you are the victim of the outcome of a successful lawsuit for birth injuries your lawyer may suggest placing some of the settlement or award in a special needs trust. This will enable your child to have access to future funds for things such as medicine or physical therapy as well as home modifications.

Trials

In certain cases, attorneys attempt to reach an agreement to settle the issue before 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 demonstrate that medical professionals did not meet the standards of care, causing injury. Lawyers representing defendants will gather their own evidence to counter allegations. The attorneys will meet to discuss an agreement. If no settlement can be reached the case will go to trial.

The trial process can take months or years to be completed. It can be a stressful, risky and painful for plaintiffs as they relive the trauma of their child's birth injury law firm injuries. The winning party may receive a substantial amount. The losing party can appeal the decision.

A birth injury lawyer with 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, discovery, settlement negotiations and trial, and when necessary, appeals. They can help you get compensation that will alter your life, and the lives of your family. A lawyer can provide you with a network of experts to support 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 that must be adhered to during procedures. This includes the statute of limitations, which has a time limit for filing lawsuits. This limit is meant to ensure that claims can be filed when evidence is still available and witnesses' memories are fresh. A lawsuit filed after the deadline for filing a lawsuit has passed will be dismissed even in the event that it has a solid legal basis.

The statute of limitations can be crucial for those suffering from birth injuries. A successful lawsuit can offer compensation for the victim's present and future medical expenses, lost wages due to missing work to take care of their child, and emotional distress. In some cases, a jury or judge may also award punitive damages to penalize defendants who have committed a grave negligence.

Victims of birth injuries should have an New York attorney familiar with these kinds of claims. They are able to investigate the incident and gather evidence, make a case for negligence, and settle the case or go to trial if needed. In certain instances the defendant might try to dismiss a case claiming that the statute of limitation has expired. A lawyer will be able to quickly determine when this is the case. If the case involves public hospitals which are managed by the state, local or federal governments the possibility of a separate, and shorter time limit could apply.

Expert Witnesses

In the case of medical malpractice, experts are able to help jurors and judges comprehend the evidence and facts in the case. They may also offer specialized or professional opinions that help the jury make a decision. They are permitted to do this because their knowledge and expertise is more precise and reliable than the average person or one who is not a medical professional.

A lawyer may hire an expert witness to look over medical records, provide testimony, and aid the lawyer in preparing the case. The expert would then sign an affidavit and be present in court about their findings. An expert could be an employee of a hospital or health care provider at the institution of the defendant, or an outsider.

The expert's report must reflect the current medical knowledge at the time. Experts should not criticize or condone performance within the generally accepted standards of practice. Experts should be able to provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign contracts where the fees for their expert testimony are excessively high in relation to the time and effort involved.

Parents of children suffering from a severe birth injury attorney injury may be able to claim damages for the future medical care the child will require as well as past expenses that they have already paid to provide care for the child. A determined lawyer can determine if negligence caused the child's birth injury and can secure compensation to ease the financial burden on families.