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Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact the quality of life for your child. The medical treatment they require can be expensive and lengthy.

A competent lawyer will start a lawsuit for birth injuries to investigate the incident, gather evidence, build a case for negligence and represent you in settlement negotiations or in court should it be necessary.

Settlements

In more than 90 percent of medical malpractice cases, plaintiffs and defendants sign an agreement on settlement before going to trial. This lets both parties avoid the burdensome and costly court fees, and it provides the plaintiff with a guarantee of compensation. If a trial isn't feasible, a jury determines whether the defendants are accountable to pay compensation and what amount.

The first step in obtaining financial compensation for your child's birth injury is proving that the doctor you hired to deliver your child had a a professional relationship with you and violated that duty during the birthing procedure. This can be accomplished using medical documents and hospital bills. Your lawyer will also have to gather evidence that the breach resulted in your child's injuries.

If you have evidence, your lawyer will send a set of demands to the malpractice insurers of the defendants. The document will include a detailed letter that outlines the child's injuries as well as supporting documents. The malpractice company will look over the request and decide whether to accept or deny it. If the demand is denied then your lawyer will file suit.

Your lawyer may suggest that, in the event of a successful lawsuit for birth injuries, a percentage of the settlement or award is put into a special-needs fund. This will allow your child to use the funds for things such as medicine or physical therapy as well as home modifications.

Trials

In some cases, attorneys will try to come to an agreement on how to settle the issue before taking it to court. A settlement provides an amount of money to the plaintiff and results in an official agreement that ends the matter.

A team of lawyers will gather evidence to demonstrate that medical professionals did not provide a high level of care and caused injuries. Lawyers representing the defendants will collect evidence on their own in order to refute allegations. The attorneys will meet to discuss a settlement. If a settlement can't be reached, the case will go to trial.

The trial process could take months, or years to complete. Plaintiffs may be afflicted with pain, stress and even risk when they recall the trauma of their child's birth. The winner may be awarded a substantial amount. The losing side could appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can guarantee the best outcome at every stage of the litigation process, from the drafting of the demand letter to filing the lawsuit, discovery, settlement negotiations and trial, and when necessary, appeals. They can assist you in obtaining compensation that will alter your life, and the lives of your family. Lawyers can also provide experts to prove 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

The medical profession has its own set of rules that must be adhered to in all procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limitation is designed to ensure that claims can be filed while evidence is still accessible and witnesses' memories are fresh. Even if the suit has an established legal foundation, it will be dismissed if filed after the statute has expired.

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

Victims of birth injury lawsuits injuries must have a New York attorney familiar with these types of claims. They can investigate and gather evidence to establish a case of negligence or negotiate a settlement or take the case to court if required. In certain situations the defendant may attempt to dismiss a suit by saying that the statute of limitations has expired. A lawyer will be able to swiftly determine whether this is the situation. If the case involves a public health facility, which are operated by local or federal government, separate and potentially much shorter statute of limitations may apply.

Expert Witnesses

In the event of a medical malpractice case experts can help jurors and judges comprehend the evidence and the facts in the case. They are also able to provide expert or specialized opinions and inferences that can help them make a decision. They are permitted to do this because their expertise is more reputable and detailed than that of a layperson or someone with no medical training.

Legal representatives can hire an expert witness who will examine medical records, provide a testimony and help the lawyer put together the case. The expert would sign an affidavit, and then testify in court. An expert could be a hospital employee or health care professional from the defendant's establishment or an outsider.

The expert's testimony must reflect the current state of medical knowledge at the time of the hearing. The expert should not criticize actions that fall within the generally accepted standards of practice or support performance that is outside of those standards. Experts should be able to submit transcripts of depositions and courtroom testimony for peer review. They should not sign agreements in which the costs for their expert testimony are unreasonably high in relation to their time and effort.

Parents of a child that has suffered a severe birth trauma can seek damages to pay for the future expenses they'll be liable for the care of their child and any previous expenses that have been paid for. A lawyer who is steadfast will determine if negligence responsible for a child's birth injury and seek compensation to ease the family's financial burden.