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Birth Injury Litigation

Birth injuries can lead to serious disabilities and can affect the quality of life for your child. Medical treatments can be expensive and lengthy.

A competent lawyer will file your birth injury lawsuit to investigate the incident, collect evidence, make the case for negligence, and represent you during settlement negotiations or at trial should it be necessary.

Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants sign an agreement on settlement before the case goes to trial. This helps both parties avoid the burdensome and costly court costs, and also gives the plaintiff a promise of compensation. If a trial is not possible, a jury can decide whether the defendants are responsible to compensate the plaintiff and how much.

The first step to receive financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your baby was in an established professional relationship with you and violated the duty of care during the birthing process. You can prove this using medical records and hospital invoices. Your lawyer will have to prove that the breach led to the injuries to your child.

If you have evidence, your attorney will then submit a list of demands to the malpractice insurance companies of the defendants. The document will include a detailed letter describing your child's injuries along with any supporting documents. The malpractice insurance company will review the request, and either decide whether or not to accept it. If the demand is rejected, your lawyer will file suit.

If you are the victim of a successful birth injury lawsuit your lawyer may suggest placing part of your settlement or award into a special trust for children with disabilities. This will permit you to make future payments to your child for things such as physical therapy, medication, and home modifications.

Trials

In some instances lawyers will try for a settlement in order to resolve the matter without having to go to court. A settlement is an agreement that is formal and resolves the case and offers compensation to the plaintiff.

An attorney's team will seek evidence to prove that medical professionals did not adhere to a high standard of care and triggered an injury. Lawyers representing the defendants will gather their own evidence to disprove allegations. The attorneys will then meet one other to negotiate an amount for settlement. If no settlement can be reached, the case will go to court.

The trial process may take months or years to take to. Plaintiffs can suffer from pain, stress and anxiety as they try to relive their child's birth injury trauma. The winner may be awarded an award of a significant amount. But, a party that loses could appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. Legal professionals can guarantee the best outcome at every stage of the litigation process, from the drafting of the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, or when necessary, appeals. They can assist you in obtaining compensation that will alter your life and the lives of your family members. A lawyer can provide you with a experts to help you with your claim. The legal team of Lipsitz Green will investigate the incident to determine what went wrong and fight for a fair compensation.

Statute of limitations

Medical professionals have their own set of rules they must adhere to when performing procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed as long as evidence is still available and witnesses' memories are fresh. Even if the lawsuit is based on an established legal foundation, it will be dismissed if it's filed after the statute of limitations has expired.

For birth injury victims, the statute of limitations can be crucially important. A successful case can result in compensation for the victim's current and future medical expenses as well as lost wages due to working less to take care of their child, and emotional stress. In certain circumstances, a judge or jury could also award punitive damages to punish defendants who have demonstrated extreme negligence.

A New York attorney who is familiar with birth injury law firm injury claims is required to represent the victims. They can investigate the incident, gather evidence, make an argument for negligence and seek a settlement or go to trial if needed. In some instances the defendant could try to dismiss a lawsuit claiming that the statute of limitation has run out. A lawyer should be able to quickly determine if this is the case. If the situation involves public hospitals which are operated either by local, state, or federal governments the possibility of a separate, and shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and the facts of the medical malpractice case. They can also provide specialized or professional opinions to assist jurors decide. They are permitted to do so because their expertise is more reliable and thorough than those of a layperson or someone who is not trained in medical sciences.

A lawyer can engage an expert witness who will review medical records, give an opinion and help the lawyer in putting together the case. The expert will sign an affidavit, and then appear in court. An expert could be a hospital employee or health care professional at the institution of the defendant or an outsider.

Expert testimony should reflect the current state of medical knowledge at the time of the incident in the case. The expert should not condemn any practice that is not in line with generally accepted practice standards or support performance that is outside of those standards. Experts should be willing to provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not enter into agreements where the fees for their expert testimony are unreasonably high relative to their time and effort.

Parents who have a child who has suffered a serious birth injury may be able to seek compensation for future care that their child will require in addition to any past expenses they have already paid to provide care for the child. A steadfast attorney can determine if negligence was involved in the child's birth injury and seek compensation to reduce the financial burden for a family.