공지사항

Birth Injury Litigation

Birth injuries can lead to severe disabilities that could affect your child's quality of living. Medical treatments can be expensive and long.

A good lawyer will file a lawsuit for birth injury, investigate the incident, gather evidence, and make an argument for negligence. They can also represent you during settlement negotiations or in court if necessary.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants come to an agreement on settlement before the case goes to trial. Both parties can avoid the costly and stressful court fees and receive compensation for the plaintiff. If a trial isn't feasible, a jury will decide whether the defendants have a duty to pay compensation and in what amount.

The first step in obtaining financial compensation for birth injuries in your child is proving the doctor who delivered your child had a professional relationship with you and that he breached this obligation during the birthing process. This can be accomplished using medical documents and hospital bills. Your lawyer will need to collect evidence that the breach led to your child's injuries.

Once you have this evidence and your lawyer has it, they will send a demand form to the defendants' malpractice insurance carriers. This document includes a detailed letter that describes the injuries your child sustained along with supporting documents. The malpractice insurance company will go through the request and either accept or deny it. If the demand is rejected by your lawyer, they will start a lawsuit.

In the event of a successful birth injury lawsuit your lawyer may suggest placing some of the settlement or award into a special needs trust. This will enable you to make future payments to your child for things such as physical therapy, medicine and Birth injury Lawsuit home modifications.

Trials

In certain cases, lawyers will try to reach a settlement to resolve the matter without having to go to court. Settlements provide the plaintiff with financial compensation and is a formal agreement that concludes the matter.

A lawyer's team will collect evidence to show that medical professionals did not adhere to a high standard of care and triggered an injury. Lawyers representing the defendants will gather their own evidence to disprove assertions. The attorneys will then sit down with each the other to negotiate an amount for settlement. If a settlement can't be reached the case will go to trial.

The trial process can take months or even years to complete. It can be stressful, risky and painful for plaintiffs as they go through the trauma of their child's birth injury claim trauma. The winning side could be awarded a substantial verdict. A party that loses the appeal can appeal the decision.

A birth injury settlement injury lawyer who has experience can make all the difference in your case. Legal professionals can guarantee the best possible outcome through each stage of the litigation process, from drafting the demand letter to filing the lawsuit, discovery, settlement negotiations and trial, or should it be necessary, appeals. They can assist you in obtaining an award that will change your life for your family's requirements. Lawyers can also provide experts to support 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 to be adhered to during procedures. This includes the statute of limitations which specifies a deadline for filing lawsuits. This limitation is intended 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 a solid legal basis it will be dismissed if it's filed after the statute has expired.

The statute of limitations can be important for victims of birth injuries. A successful lawsuit could provide the right to compensation for future and present medical costs loss of wages due to the inability to work to care for the child, as well as emotional stress. In certain circumstances, a juror or judge could also award punitive damage to punish defendants who have shown an extreme lack of care.

The victims of birth injuries should have an New York attorney familiar with these kinds of claims. They can conduct an investigation and gather evidence to make a case of negligence or negotiate a settlement or even go to court if needed. In some cases there is a possibility that a defendant will attempt to dismiss a suit by asserting that the time limit has expired. A lawyer will be able quickly determine when this is the case. If the situation involves public hospitals which are managed by the state, local or federal authorities the possibility of a separate, and shorter time limit may apply.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and facts of a medical malpractice case. They can also offer expert or specialized opinions to help jurors to make a decision. They are allowed to do this because their knowledge and expertise is more specific and reliable than that of a layperson or someone who has no medical education.

Legal representatives can hire an expert witness to review medical records, give a testimony, and assist the lawyer in putting together the case. The expert would then sign an affidavit and be present in court regarding their findings. An expert could be an employee of the defendant's hospital, Birth injury lawsuit health care system, or a person outside of the institution.

Expert testimony should reflect the state of medical knowledge at the time of the event in the case. Experts should not criticize or excuse any action that is not in line with generally accepted standards of practice. Experts should be able to provide deposition transcripts as well as courtroom testimony for peer review. They should not enter into agreements in which the costs for their expert testimony are unreasonably high in relation to their time and effort.

Parents of a child who suffered a serious birth trauma can seek damages to cover the future costs they'll be liable to care for their child, as well as any previous expenses that may have been paid for. A reliable attorney can determine if negligence caused the child's injury at birth and can secure compensation to help ease the financial burden of the family.