Birth Injury Litigation

Birth injuries can cause severe disabilities and impact the quality of life for your child. Medical treatments can be costly and lengthy.

A reputable lawyer can bring a birth injury attorney injury lawsuit as well as investigate the incident, gather evidence, create a case for negligence and assist you in settlement negotiations or at trial should it be necessary.

Settlements

In the majority of medical malpractice lawsuits the defendant and plaintiff reach an agreement before the case is heard. This lets both parties save money and stress-inducing court fees, and it gives the plaintiff a promise of compensation. If a trial isn't feasible, a jury determines whether the defendants have a duty to pay compensation and what amount.

The first step in obtaining financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your baby had an established professional relationship with you, and he violated the duty of care during the birthing procedure. You can do this by using medical documents and hospital invoices. Your lawyer will also have to collect evidence that proves the breach caused your child's injuries.

If you have the evidence Your lawyer will then send a demand package to the plaintiffs' malpractice insurers. This document contains a thorough letter that outlines the child's injuries along with supporting documents. The malpractice company will review the demand and either accept or reject it. If the demand is rejected the lawyer will bring a lawsuit.

Your lawyer might suggest that in the event of a successful lawsuit to remedy birth injury, a part of the settlement or award be put into a special-needs fund. This will permit you to make future payments to your child for things such as medicine, physical therapy, and home modifications.

Trials

In certain instances lawyers may try to negotiate a settlement to resolve the matter without having to go to court. A settlement is a formal agreement that resolves the matter and also provides compensation to the plaintiff.

A lawyer's team will collect evidence to prove that medical experts didn't adhere to a strict standard of care and caused injury. Lawyers for the defendants also gather evidence to disprove the claims. The attorneys will meet to negotiate for a settlement. If a settlement cannot be reached then the case will go to trial.

The trial process can take a long time to complete. Plaintiffs may suffer from pain, stress and anxiety as they try to relive the trauma of their child's birth. The winning side may be awarded a substantial verdict. The losing party can appeal the decision.

An experienced 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 drafting of demand letters, to filing the lawsuits, discovery, settlement negotiation and appeals, as well as trials when necessary a lawyer can ensure the most favorable outcome. They can help you get compensation that can change your life as well as the lives of your family. A lawyer can provide you with a an expert network to help support your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules they must adhere to when conducting procedures. This includes the statute of limitations which specifies a deadline for filing lawsuits. This limit is set to ensure that claims are filed as long as physical evidence remains available and the memories of witnesses are fresh. Even if the suit has an established legal foundation it can be dismissed if it is filed after the statute has expired.

For birth injury victims the statute of limitation could be particularly crucial. A successful lawsuit could provide compensation for current and future medical costs, lost wages from missing work in order to care for the child, and emotional anxiety. In some cases, a jury or birth injury lawyer judge may also award punitive damages intended to punish defendants for their extreme inattention to detail.

Birth injuries victims should have an New York attorney familiar with these types of claims. They can investigate the incident, gather evidence, present a case for negligence, and seek a settlement or go to trial if necessary. In certain situations an accused party may try to dismiss a lawsuit by asserting that the statute of limitations has run out. A lawyer is able to determine whether this is the case. If the matter involves a hospital that is public, which are operated by local, state or federal governments, separate and potentially much shorter time limits for statute of limitations may apply.

Expert Witnesses

In the event of a medical malpractice case expert witnesses can assist judges and juries understand the evidence and the facts of the case. They also offer professional or expert opinions to help jurors make a decision. They are permitted to offer this advice because their knowledge and expertise is more thorough and trustworthy than an average person or someone with no medical background.

A lawyer can engage an expert witness to look over medical records, give a testimony, and assist the lawyer in putting together the case. The expert witness would then sign an affidavit as well as testify in court regarding their findings. An expert could be an internal employee of the defendant's hospital or health care system, or someone outside that institution.

Expert testimony should reflect the current state of medical knowledge at the time of the event in the case. The expert should not denigrate or condone performance within the generally accepted guidelines of practice. Experts should be able to provide transcripts of depositions and courtroom testimony for peer review. They should not sign agreements where the fees for expert testimony are too high in comparison to the time and efforts involved.

Parents of children suffering from a severe birth injury may be able to seek compensation for future care that their child will require, as well as past expenses that they have already paid for the care of the child. A lawyer who is steadfast can determine if negligence at play in the birth injury and obtain compensation to ease the family's financial burden.