Birth Injury Litigation

Birth injuries can lead to serious disabilities that can affect your child's quality of life. The medical treatments they require can be expensive and lengthy.

A competent lawyer can file your birth injury lawsuit as well as investigate the incident, gather evidence, present the case for negligence, and represent you in settlement negotiations or in court if necessary.

Settlements

In more than 90 percent of medical malpractice cases, plaintiffs and defendants reach a settlement agreement before going to trial. Both parties can avoid the expensive and stressful court fees and receive compensation for the plaintiff. In the event that an agreement cannot be reached the jury will decide whether the defendants are liable to pay the plaintiff any compensation and the amount of they must pay.

The first step toward receiving the financial compensation you deserve for your child's birth injury is proving that the doctor you hired to deliver your baby was in an established professional relationship with you and violated this obligation during the birthing process. You can do this by using medical documents and hospital invoices. Your lawyer will also need to find evidence that shows the breach resulted in your child's injuries.

Once you have this evidence, your lawyer will submit a demand package to the plaintiffs' malpractice insurers. This document includes a letter detailing the child's injuries along with supporting documentation. The malpractice insurer will go through the request and either accept it or reject it. If the demand is rejected, your lawyer will file a lawsuit.

In the event of a successful birth injury lawsuit the attorney you consult with may recommend placing some of the settlement or award in a special trust for children who require special. This will permit your child to have access to future funds for things like medicine physical therapy, home modifications.

Trials

In some instances lawyers will attempt to reach a settlement to resolve the matter without going to court. A settlement is an agreement formalized that resolves the case and offers compensation to the plaintiff.

A team of lawyers will gather evidence to prove that medical professionals did not meet the highest standards of care and aggravated injuries. Lawyers for the defendants also gather their own evidence to refute the claims. The attorneys will meet to discuss an agreement. If a settlement cannot be reached, the case will go to trial.

The trial process can last for months or even years to be completed. Plaintiffs may experience stress, pain and even risk when they recall their child's birth injury trauma. The winner could receive a substantial amount. The losing side can appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. Legal professionals can guarantee the best possible outcome through each stage of the litigation process, from the drafting of the demand letter, to filing the lawsuit as well as settlement negotiations, discovery and trial, if needed, appeals. They can help you receive compensation that can change your life and the lives of your family. A lawyer can provide you with an expert network to help you with your claim. The legal team at Lipsitz Green will investigate your claim to determine how the injury occurred and fight for 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 set to ensure that claims are filed as long as evidence in the physical remains and the memories of witnesses are fresh. Even if a lawsuit has a solid legal basis the case can be dismissed if it is filed after the statute has expired.

For birth injury victims, the statute of limitations can be crucially important. A successful claim could award compensation for future and current medical costs as well as lost wages due to missing work in order to care for the child, as well as emotional distress. In certain circumstances, a judge or jury may also award punitive damage to punish defendants who have shown an extreme lack of care.

A New York attorney who is familiar with birth injury claims is required to represent the victims. They can investigate the incident, collect evidence, build an argument for negligence, and reach a settlement or go to trial if needed. In certain instances the defendant might try to dismiss a case claiming that the statute of limitation is over. A lawyer will be able quickly determine if this is the situation. If the matter involves public hospitals which are operated either by local, state or birth injury federal governments there is a separate and shorter statute of limitations could apply.

Expert Witnesses

In the event of a medical malpractice case experts can help jurors and judges comprehend the evidence and facts in the case. They also offer expert or specialized opinions to assist jurors to make a choice. They are able to do so because their expertise is more reliable and precise than that of a layperson or someone who has no medical education.

A lawyer can engage an expert witness to look over medical records, provide testimony, and assist the lawyer in preparing the case. The expert would then sign an affidavit and testify in court regarding their findings. An expert could be an internal employee of the defendant's hospital, health care system, or someone who is not employed by the institution.

An expert's report should reflect the current state of medical knowledge at the time of the incident in the case. The expert should not condemn actions that fall within generally accepted practice standards, nor should they allow for performance that is in violation of the standards. Experts should be prepared and able submit transcripts of depositions or courtroom testimony to peers for review. They should not enter into agreements in which the costs for their expert testimony are inordinately high in relation to the time and effort.

Parents who have a child who suffers a serious birth injury may seek compensation for future medical care the child will require, and for any previous expenses they have already paid for the care of the child. A determined attorney can determine if negligence was involved in the child's birth injury and secure compensation that can alleviate the financial burden of the family.