Birth Injury Litigation

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

A competent lawyer will start a lawsuit for birth injuries to investigate the incident, gather evidence, create an argument for negligence and represent you in settlement negotiations or at trial should it be necessary.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants come to an agreement for settlement before the case goes to trial. This helps both parties avoid costly and stressful court costs, and gives the plaintiff a guarantee of compensation. If there is no trial, a jury will determine whether the defendants owe plaintiff any compensation and the amount of they must pay.

The first step in obtaining financial compensation for a birth injury compensation injury in your child is to prove the doctor who gave birth to your child had a professional relationship with you and that he violated this duty during the birthing process. You can prove this using medical records and hospital invoices. Your lawyer will have to find evidence that the breach led to your child’s injuries.

Once you have this evidence the lawyer will then submit a demand package to the defendants’ malpractice carriers. The document contains a letter detailing the injuries suffered by your child, together with the supporting documentation. The malpractice insurer will examine the request, and either decide whether to accept or deny it. If the demand is denied, your lawyer will file a lawsuit.

Your lawyer might suggest that in the case of a successful lawsuit involving birth injury case injury, a portion of the settlement or award is put into a special-needs fund. This will permit your child to access future funds to fund things like medicine and physical therapy as well as home modifications.

Trials

In certain cases lawyers will try to reach a settlement to resolve the matter without a court appearance. A settlement provides the plaintiff with financial compensation and leads to an official agreement that settles the matter.

An attorney’s team will collect evidence to prove that medical professionals did not adhere to a high standard of care and caused injury. The lawyers representing the defendants will also gather their own evidence to counter the claims. The attorneys will meet to negotiate the terms of a settlement. If a settlement isn’t reached, the case will go to court.

The trial process may take a long time to take to. Plaintiffs can feel pain, stress and danger as they revisit the trauma of their child’s birth. The winner could be awarded a large verdict. The losing party can appeal the decision.

An experienced birth injury settlement injury lawyer can make all the difference in your case. A lawyer can guarantee the best outcome at every step of the litigation process, from drafting the demand letter to filing the lawsuit, discovery, settlement negotiations and trial, and if needed, appeals. They can assist you in obtaining life-changing compensation for your family’s needs. A lawyer can also offer an expert witness network to support your claim. The legal team of Lipsitz Green will investigate the incident to determine what went wrong and fight for a reasonable amount of compensation.

Statute of limitations

The medical profession has its own set of rules to be followed when performing procedures. These include the statute of limitations which sets a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed when evidence is still available and witnesses’ memories remain fresh. Even if the suit has a solid legal basis it is dismissed if it is filed after the statute has expired.

For victims of birth injury lawyers injuries, the statute of limitations may be especially important. A successful lawsuit could provide compensation for future and current medical expenses and lost wages resulting from the absence of work to take care of the child, as well as emotional stress. In some cases the judge or jury will also award punitive damages to punish defendants for their extreme negligence.

Victims of birth injuries should have an New York attorney familiar with these types of claims. They can conduct an investigation and gather evidence to support a claim of negligence, negotiate a settlement, or even go to court if required. In certain cases there is a possibility for a defendant to dismiss a lawsuit by claiming that the statute of limitations has passed. A lawyer should be able to quickly determine whether this is the situation. If the situation involves a public hospital that is managed by local government, state or federal authorities the possibility of a separate and shorter time-limits could be in effect.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and facts of a medical malpractice case. They may also provide expert or specialized opinions and inferences that can help them make the right decision. They can make this claim because their knowledge and expertise is more specific and reliable than that of a layperson or someone 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 sign an affidavit, and then appear in court. An expert could be an employee of a hospital or health care provider at the defendant’s facility or an outsider.

The expert’s report must reflect the current medical knowledge at the time. Experts should not rebuke performance that falls within generally accepted practices or Birth Injury Litigation support performance that is outside of the standards. Experts should be able to provide deposition transcripts as well as 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 of a child that has suffered a serious birth injury case trauma may seek damages to cover the cost they’ll incur for the care of their child, as well as any previous expenses that have been paid for. A lawyer who stands by his word can determine if negligence was at play in the birth injury, and then seek compensation to ease a family’s financial burden.