Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact the quality of life for your child. The medical treatments they require could be costly and long.

A good lawyer can start a lawsuit for birth injuries and investigate the incident to gather evidence, present the case for negligence, and represent you in settlement negotiations or in court if needed.

Settlements

In the majority of medical malpractice lawsuits the defendant and plaintiff reach an agreement prior to the case is even tried. Both parties are able to avoid the costly and stressful court fees and receive compensation for the plaintiff. In the event that a trial cannot be reached, a jury will decide whether the defendants are liable to pay the plaintiff compensation and how much amount they have to 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 breached this obligation during the birthing procedure. This can be done with medical records and hospital bills. Your lawyer will also need to find evidence that shows the breach led to the injuries of your child.

Once you have this evidence, your lawyer will submit a demand form to the defendants' malpractice insurance carriers. This document contains a thorough letter that outlines the child's injuries and the supporting documents. The malpractice insurer will review the demand, and accept or reject it. If the demand is rejected then your lawyer will file a lawsuit.

Your lawyer could suggest that, in the event of a successful lawsuit to remedy birth injuries, a percentage of the settlement or award is placed in a special needs fund. This will enable you to make future payments to your child to cover things such as physical therapy, medication, and home modifications.

Trials

In certain instances lawyers will attempt to reach a deal to resolve the matter without going to court. A settlement is an agreement formalized that resolves a dispute and pays compensation to the plaintiff.

A lawyer's team will collect evidence to show that medical professionals didn't meet a high standard of care, causing an injury. Lawyers for defendants will also collect evidence on their own to disprove allegations. The attorneys will meet to discuss the terms of a settlement. If a settlement cannot be reached then the case will go to trial.

The trial process can last for months or even years to complete. It can be stressful, dangerous and painful for plaintiffs, as they experience the trauma of their child's birth trauma. The winning party could win 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 result at every step of the litigation process, from drafting the demand letter, to filing the lawsuit or discovery, negotiation of settlement and trial, or birth injury lawyer when necessary, appeals. They can help you get compensation that can change your life as well as the lives of your family members. A lawyer can connect you to a experts to 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

The medical profession has its own set of rules that must be adhered to when performing procedures. This includes the statute of limitations that sets a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed when evidence is still accessible and witnesses' memories are still fresh. Even if the lawsuit is based on an established legal foundation it can be dismissed if it is filed after the statute of limitations has expired.

The statute of limitations can be crucial for birth injuries. A successful case could result in compensation for current and future medical costs, lost wages from missing work to take care of the child, and emotional anxiety. In some cases, the juror or judge could also award punitive damages to punish defendants for extreme negligence.

The victims of birth injuries should have an New York attorney familiar with these types of claims. They can investigate the incident and gather evidence, create an argument for negligence and reach a settlement or go to trial if necessary. In some cases the defendant may attempt to dismiss a lawsuit by arguing that the time limit has expired. A lawyer should be able to quickly determine if this is the case. If the situation involves a public hospital that is managed by local or federal government, separate and potentially much shorter statute of limitation periods may apply.

Expert Witnesses

In a medical malpractice case, expert witnesses can assist jurors and judges to understand the evidence and facts in the case. They are also able to provide specialized or professional opinions and inferences to assist them in making an informed decision. They are able to do so because their knowledge is more reliable and thorough than those 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 aid the lawyer in putting together the case. The expert will 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 a person who is not employed by the institution.

Expert testimony should reflect the state of medical knowledge at the time of event in the case. The expert should not denounce or excuse any action that is not in line with generally accepted guidelines of practice. Experts should be willing and able to send transcripts of depositions and courtroom testimony to peers for review. They should not sign contracts where the fees for expert testimony are too high compared to their time and effort.

Parents of a child that has suffered a severe birth injury attorney trauma can seek damages to cover the cost they will incur for their child's medical care, as well as any previous expenses that may were that they have incurred. A lawyer who stands by his word can determine if negligence the cause of a child's birth injury and obtain compensation to ease the family's financial burden.