Birth Injury Litigation

Birth injuries can cause severe disabilities and impact the quality of life for your child. The medical treatments they require could be expensive and lengthy.

A competent lawyer will file your lawsuit for birth injury, conduct an investigation into the incident, collect evidence, and then make an argument of negligence. They may also represent you during settlement negotiations or in court, if required.

Settlements

In over 90% of medical malpractice cases, the plaintiffs and defendants reach a settlement agreement prior to the case going to trial. This helps both parties avoid costly and stressful court fees, and it gives the plaintiff a promise of compensation. If an agreement cannot be reached the jury will decide whether the defendants owe plaintiff any compensation and the amount of money they should pay.

The first step towards receiving financial compensation for your child's birth injury lawyer injury is to prove that the doctor you hired to deliver your baby had a a professional relationship with you and breached the duty of care during the birthing process. This can be done by using medical records and hospital invoices. Your lawyer will also have to find evidence that shows the breach was responsible for your child's injuries.

Once you have this evidence, your lawyer will submit a demand form to the defendants' malpractice companies. This document includes a letter detailing the injuries suffered by your child, and any supporting evidence. The malpractice insurance company will review the request and decide whether to take it or leave it. If the demand is rejected then your lawyer will file a lawsuit.

In the event of an outcome in a birth injury lawsuit, your attorney may recommend placing some of the settlement or award in a special trust for children with disabilities. This will permit you to make future payments to your child to cover things like physical therapy, medicine and home modifications.

Trials

In some cases, lawyers may try to find a solution to the issue before taking it to court. Settlements provide financial compensation to a plaintiff and leads to an official agreement that resolves the matter.

An attorney's team will seek evidence to prove that medical professionals didn't meet a high standard of care and caused injury. Lawyers representing defendants will collect their own evidence to disprove claims. The attorneys will meet to discuss the terms of a settlement. If a settlement cannot be reached, then the case will go to the court.

The trial process can take months or years to be completed. It can be stressful, dangerous and painful for plaintiffs as they go through the trauma of their child's birth injuries. The winner could be awarded a large verdict. A losing party could appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. Legal professionals can guarantee the best outcome at every stage of the litigation process, from writing the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, and when necessary, appeals. They can assist you in obtaining compensation that can change your life, and the lives of your family members. A lawyer can also offer a network of expert witnesses to back 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 adhered to in all procedures. These include the statute of limitations, which sets a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed while evidence is still available and witnesses' memories are fresh. Even if the suit has a solid legal foundation, it will be dismissed if filed after the statute of limitations has expired.

For victims of birth injuries the statute of limitations can be crucially important. A successful lawsuit could provide the compensation needed for future and ongoing medical costs and lost wages resulting from the absence of work in order to care for the child, and emotional anxiety. In some cases, the jury or judge may also award punitive damage to punish defendants for excessive negligence.

A New York attorney who is adept at defending birth injuries should represent the victims. They can investigate the accident and gather evidence, create an argument for negligence and negotiate a settlement or go to trial if necessary. In certain situations, a defendant might attempt to dismiss a suit by claiming that the statute of limitations has expired. A lawyer can determine quickly whether this is the case. If the case involves a public health facility that is run by local government, state or federal authorities, separate and potentially much shorter time-limits could be in effect.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and the facts of a medical malpractice case. They may also provide expert or specialized opinions and birth injury lawyer inferences to help them make the right decision. They are permitted to make this claim because their knowledge and expertise is more specific and reliable than that of a layperson or someone who has no medical education.

A lawyer can engage an expert witness to review medical records, provide a testimony, and assist the lawyer in putting together the case. The expert will then sign an affidavit as well as testify in court about their findings. An expert could be an internal employee of the defendant's hospital, health care system, or an individual who is not associated with the institution.

The expert's testimony must reflect the current medical knowledge available at the time. Experts should not rebuke performance that falls within generally accepted practices or condone performance that is outside of those standards. Experts should be prepared to provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not enter into agreements in which the costs for their expert testimony are unreasonably high relative to their time and effort involved.

Parents who have a child who has suffered a serious birth injury may be able to seek compensation for the future care that their child will require, in addition to any past costs they've already paid to provide care for the child. A lawyer who is steadfast will determine if negligence involved in a child's birth injury, and then seek compensation to ease the family's financial burden.