공지사항

Birth Injury Litigation

Birth injuries can result in serious disabilities that can affect the quality of life of your child. The medical treatments they require could be expensive and lengthy.

A competent lawyer will make a birth injury lawsuit, investigate the incident and collect evidence, make a case for negligence and represent you in settlement negotiations or in court in the event of a trial.

Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants agree to an agreement for settlement before going to trial. This helps both parties avoid expensive and stressful court fees, and Birth Injury Litigation it gives the plaintiff a promise of a fair settlement. If a trial isn't possible, a jury can decide whether the defendants are liable to pay compensation and what amount.

The first step to receive the financial compensation you deserve for your child's birth injury case injury is proving that the doctor you hired to deliver your baby had an official relationship with you and breached this obligation during the birthing procedure. This can be accomplished through medical records and hospital bills. Your lawyer must find evidence that the breach caused your child's injuries.

If you have evidence, your attorney will present a complete set of demands to the malpractice insurance carriers of the defendants. This document includes a letter detailing your child's injuries, along with supporting documentation. The malpractice carrier will then review the demand and either accept or reject it. If the demand is rejected the lawyer will make a claim.

Your lawyer could suggest that, in the event that a lawsuit is successful for birth injury law injury, a portion of the settlement or award be placed in a special needs fund. This will allow your child to access future funds for things such as medicine or physical therapy as well as home modifications.

Trials

In certain cases, attorneys attempt to reach an agreement to resolve the issue before taking it to court. Settlements provide financial compensation to a plaintiff and Birth Injury Litigation leads to an official agreement that ends the matter.

A lawyer's team will collect evidence to prove medical professionals didn't meet a high standard of care and caused injury. Lawyers representing defendants will gather their own evidence to counter claims. The attorneys will then sit down with each other to discuss the amount of settlement. If a settlement isn't reached, the case will go to trial.

The trial process may last for months or even years to complete. Plaintiffs can suffer from pain, stress and even risk when they recall the trauma of their child's birth. The winner may be awarded an enormous amount. The losing side may appeal the decision.

A birth injury lawyer with years of experience can make a significant difference in your case. A lawyer can help you achieve the best possible outcome throughout the litigation process. From the writing of the demand letters to filing the lawsuits or discovery, settlement negotiation and appeals, as well as trials, if necessary a lawyer will ensure the highest possible outcome. They can help you get life-changing compensation for your family's requirements. A lawyer can also provide a network of expert witnesses to back your claim. The legal team at Lipsitz Green will investigate your case to determine how the injury occurred and fight for fair compensation.

Statute of Limitations

The medical profession has its own set of rules that must be followed when performing procedures. This includes the statute of limitation 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 witnesses' memories are fresh. A lawsuit filed after the deadline for filing a lawsuit has passed is dismissed even if it has a strong legal basis.

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

Birth injuries victims should have a New York attorney familiar with these types of claims. They can investigate and collect evidence to establish a case of negligence or negotiate a settlement or take the case to court if needed. In certain situations the defendant may attempt to dismiss a lawsuit by arguing that the statute of limitations has expired. A lawyer can determine quickly whether this is the case. If the case involves public hospitals, which are operated either by the state, local or federal government in addition, a separate and shorter time limit may apply.

Expert Witnesses

In the event of a medical malpractice case experts are able to help judges and juries understand the evidence and facts in the case. They can also provide specialized or professional opinions and inferences to help them make an informed decision. They can do this because their experience and expertise is more thorough and reputable than a layperson or someone who is not a medical professional.

A lawyer can engage an expert witness to review medical records, provide testimony, and aid the lawyer in preparing the case. The expert will then sign an affidavit and testify in court about their findings. An expert could be an internal employee of the defendant's hospital or health care system, or a person who is not associated with the institution.

An expert's report should reflect the state of medical knowledge at the time of the incident in the case. Experts should not denounce the performance that is within generally accepted practice standards or support performance that is outside of the standards. Experts should be willing to provide deposition transcripts as well as courtroom testimony for peer review. They should not sign agreements that state that the costs for expert testimony are excessively high compared to their time and efforts involved.

Parents who have a child suffering from a severe birth injury can seek compensation for future care that their child will require and also for past expenses that they have already paid to care for the child. A lawyer who is unwavering will determine if negligence was at play in the birth injury and secure compensation to ease the family's financial burden.