Birth Injury Litigation

Birth injuries can cause serious disabilities and affect the quality of life for your child. Medical treatments can be expensive and take a long time.

A reputable lawyer can bring a birth injury lawsuit, investigate the incident and collect evidence, make the case for negligence, and represent you during settlement negotiations or in court in the event of a trial.

Settlements

In 90% of medical malpractice lawsuits, the plaintiff and defendant agree to an agreement prior to the case is heard. This helps both parties avoid expensive and stressful court fees, and it provides the plaintiff with a guarantee of compensation. If a trial cannot be reached, a jury will determine if the defendants owe the plaintiff compensation and how much the amount they are required to pay.

The first step towards receiving financial compensation for a birth injury for your child is to establish that the doctor who delivered your baby had a professional relationship with you and that he did not fulfill this obligation during the birthing procedure. This can be done by using medical records and hospital invoices. Your lawyer must collect evidence that the breach was responsible for your child's injuries.

If you have the evidence Your lawyer will then send an order package to defendants' malpractice carriers. This document includes a detailed letter that describes the injuries your child sustained as well as supporting documents. The malpractice insurer will examine the request, and either accept or reject it. If the demand is rejected then your lawyer will bring a lawsuit.

In the event of a successful birth injury lawyers injury lawsuit your lawyer may suggest placing some of the settlement or award in a special needs trust. This will permit your child to access future funds for things like medicine and physical therapy as well as home modifications.

Trials

In certain cases, attorneys will attempt to reach an agreement to settle the issue prior to going 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 gather evidence to show that medical professionals failed to meet a high level of care and aggravated injuries. Lawyers representing the defendants will gather evidence of their own in order to refute allegations. The attorneys will meet to negotiate a settlement. If a settlement can't be reached, the case will go to trial.

The trial process can take months or years to be completed. It can be stressful, dangerous and painful for plaintiffs as they relive the trauma of their child's birth injuries. The winner may be awarded an enormous amount. A losing party may appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can assist you to get the best possible outcome throughout the litigation process. From the drafting of demand letters to filing lawsuits, discovery, settlement negotiation and appeals, as well as trials, if necessary an attorney will ensure the best possible outcome. They can help you get compensation that will change your life, and the lives of your family. A lawyer can also offer a network of expert witnesses to support your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for a fair settlement.

Statute of limitations

Medical professionals have their own set of rules to adhere to during procedures. This includes the statute of limitations which sets a deadline for filing lawsuits. This limit is set to ensure that claims are filed while physical evidence remains available and the memories of witnesses are fresh. Even if the lawsuit is based on a solid legal basis it will be dismissed if filed after the statute of limitations has expired.

The statute of limitations is important for victims of birth injuries. A successful claim could result in compensation for the victim's current and future medical expenses and lost wages resulting from missing work to take care of their child, and emotional stress. In some cases a judge or jury will also award punitive damages intended to penalize defendants who have committed a grave inattention to detail.

A New York attorney who is familiar with birth injury claims should represent the victims. They can investigate the accident and gather evidence, create an argument for negligence, and reach a settlement or go to trial if needed. In some instances the defendant may attempt to dismiss a suit by saying that the time limit has expired. A lawyer should be able to quickly determine if this is the case. If the case involves a public hospital that is operated by local government agencies, whether federal or state-based, separate and potentially much shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can help juries and judges to understand the evidence and facts of a medical malpractice case. They can also offer expert or specialized opinions to help jurors to make a decision. They are able to make this claim because their knowledge and expertise is more specific and reliable than the average person or one who has no medical training.

A legal representative can retain an expert witness to examine medical records, provide an account and birth injury lawyer assist the lawyer to put together the case. The expert would sign an affidavit, and then appear in court. An expert could be an employee of the defendant's hospital, health care system, or an individual who is not associated with the institution.

The expert's testimony should reflect the current state of medical knowledge in the case at the time of the hearing. Experts should not rebuke the performance that is within generally accepted practices or support performance that is outside of those standards. Experts should be able to provide deposition transcripts as well as courtroom testimony for peer review. They should not enter into contracts where the fees for their expert testimony are disproportionately high in relation to their time and effort.

Parents who have a child with a severe birth injury may seek compensation for future care that the child will require, in addition to any past expenses they have already paid for the care of the child. A lawyer who is unwavering will determine if negligence was involved in a child's birth injury and obtain compensation to ease a family's financial burden.