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Birth Injury Litigation

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

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

Settlements

In 90% of medical malpractice lawsuits, the defendant and plaintiff reach a settlement prior to the case is heard. Both parties can avoid the costly and stressful court fees and receive compensation for the plaintiff. If a trial is not possible, a jury can decide whether the defendants are accountable to pay compensation and what amount.

The first step to receive financial compensation for a birth injury in your child is proving the doctor who delivered your baby had a professional relationship with you, and that he breached this obligation during the birthing procedure. You can do this by using medical records and hospital invoices. Your lawyer will have to gather proof that the breach was responsible for your child's injuries.

If you have evidence, your lawyer will present a complete set of demands to the malpractice insurance companies of the defendants. The document contains a letter detailing the child's injuries together with the supporting documentation. The malpractice carrier will then examine the request and either accept or reject it. If the demand is rejected the lawyer will file a lawsuit.

In the event of a successful birth injury lawsuit your lawyer may suggest placing the proceeds of your settlement or award in a special trust for children with disabilities. This will allow you to give future funds to your child for things such as medicine, physical therapy, and home modifications.

Trials

In some cases, lawyers will try to reach an agreement to settle the issue before taking it to court. A settlement is a formal agreement that resolves the case and offers compensation to the plaintiff.

An attorney's team will collect evidence to prove medical professionals didn't meet a certain standard of care and triggered an injury. Lawyers for defendants also collect their own evidence to prove the claims. The attorneys will meet to discuss a settlement. If a settlement isn't reached, the case will go to trial.

The trial process could last for months or even years to be completed. It can be stressful, dangerous and painful for plaintiffs who have to relive the trauma of their child's birth injuries. The winning party may receive an enormous amount. But, a party that loses may appeal the decision.

A skilled birth injury lawyer can make all the difference in your case. A lawyer can help you achieve the best possible outcome at every stage of the litigation process. From the writing of the demand letters, to filing the lawsuits and discovery, settlement negotiations or appeals, if necessary A legal professional can ensure the most favorable outcome. They can assist you in getting the life-changing amount of compensation your family needs. Lawyers can also provide a network of expert witnesses to prove your claim. The legal team at Lipsitz Green will investigate your case to determine the reason for the injury occurred and fight for fair compensation.

Statute of Limitations

The medical profession has its own set of rules that must be followed in all procedures. This includes the statute of limitations that sets a time limit for filing lawsuits. This limitation is intended to ensure that claims are filed in the time evidence in the physical remains and witnesses' memories are fresh. Even if the lawsuit has a solid legal basis the case is dismissed if it is filed after the statute of limitations has expired.

For birth injury victims, the statute of limitations may be especially important. A successful claim could result in compensation for the victim's current and future medical expenses, lost wages due to working less to care for their child, as well as emotional distress. In some cases, a jury or judge will also award punitive damages intended to punish defendants for extreme inattention to detail.

A New York attorney who is familiar with birth injury lawsuits injury claims is required to represent the victims. They can investigate the incident, collect evidence, build a case for negligence, and seek a settlement or go to trial if necessary. In some cases there is a possibility that a defendant will attempt to dismiss a lawsuit arguing that the statute of limitations has run out. A lawyer can quickly determine if this is the situation. If the matter involves public hospitals which are managed by local, state or federal government, a separate and possibly shorter statute of limitations may apply.

Expert Witnesses

In the case of medical malpractice, expert witnesses help judges and juries understand the evidence and the facts in the case. They can also offer specialized or professional opinions and inferences to assist them in making the right decision. They can make this claim because their knowledge and expertise is more thorough and reliable than that of a layperson or someone with no medical background.

A legal representative may retain an expert witness to look over medical records, offer a testimony, and assist the lawyer in preparing the case. The expert would then be required to sign an affidavit, and testify in court regarding their findings. An expert can be a hospital employee, health care professional from the defendant's institution, or an outsider.

An expert's report should reflect the state of medical knowledge at the time of event in the case. Experts should not criticize or condone performance within the generally accepted guidelines of practice. Experts should be willing and able to send transcripts of depositions or courtroom testimony to their peers for review. They should not sign contracts that state that the costs for expert testimony are excessively high compared to their time and effort.

Parents of a child that has suffered a serious birth trauma may seek damages to cover the cost they'll have to pay to care for their child and any expenses that have been incurred. A reliable lawyer can determine if negligence was the cause of the child's injuries at birth and seek compensation to ease the financial burden on the family.