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Birth Injury Litigation

Birth injuries can cause serious disabilities and affect the quality of life of your child. Medical treatments can be expensive and take a long time.

A competent lawyer will bring a birth injury lawsuit as well as investigate the incident, gather evidence, create a case for negligence and represent you during settlement negotiations or at trial should it be necessary.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants agree to a settlement agreement before going to trial. Both parties can avoid costly and stressful court fees and receive compensation for the plaintiff. In the event that an agreement cannot be reached, a jury will determine if the defendants owe the plaintiff any compensation and the amount of money they should pay.

The first step in obtaining financial compensation for a birth injury in your child is to prove the doctor who delivered your baby had an established professional relationship with you, and that he breached this duty during the birthing process. You can prove this using medical records and hospital invoices. Your lawyer will need to find evidence that the breach led to your child's injuries.

Once you have the evidence, your lawyer will present a complete set of demands to the malpractice insurance carriers of the defendants. The document will include a detailed letter that outlines the child's injuries as well as supporting documents. The malpractice insurance company will look over the demand, and decide whether or not to accept it. If the demand is rejected then your lawyer will file a lawsuit.

If you are the victim of the outcome of a successful lawsuit for birth injuries, your attorney may recommend placing part of your settlement or award into a special trust for children with special needs. This will allow your child to use the funds to fund things like medicine, physical therapy and home modifications.

Trials

In certain cases lawyers will attempt to reach a settlement to settle the issue without a court appearance. A settlement is an agreement that is formal and resolves a case and provides compensation to the plaintiff.

An attorney's team will gather evidence to prove medical professionals did not adhere to a high standard of care, causing an injury. The lawyers representing the defendants will also collect evidence to refute the claims. The attorneys will then meet with one other to discuss a settlement amount. If a settlement isn't reached the case will go to trial.

The trial process could take months, or years to be completed. It can be a stressful, risky and painful for plaintiffs as they go through the trauma of their child's birth injuries. The winner could receive a large award. A losing party could appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A legal professional can ensure the best possible outcome through each step of the litigation process, from writing the demand letter, to filing the lawsuit or discovery, negotiation of settlement and trial, or in the event of an appeal, if necessary. They can help you receive compensation that will change your life, and the lives of your family members. A lawyer can also provide experts to back your claim. The legal team at Lipsitz Green will investigate the incident to determine what went wrong and fight for a reasonable amount of compensation.

Statute of Limitations

The medical profession has its own set of rules that must be followed in all procedures. These include the statute of limitations that imposes a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed when evidence is still accessible and witnesses' memories are still fresh. Even if the lawsuit has a solid legal foundation it will be dismissed if it's filed after the statute has expired.

For victims of birth injuries the statute of limitations can be crucially important. A successful lawsuit can offer compensation for the victim's present and future medical expenses, lost wages due to missing work to care for their child, as well as emotional distress. In some cases, the judge or jury could also award punitive damages to punish defendants who have shown extreme negligence.

Victims of birth injuries should have a New York attorney familiar with these types of claims. They can investigate and collect evidence to support a claim of negligence, negotiate a settlement, or go to court if needed. In certain instances the defendant may attempt to dismiss a suit by asserting that the time limit has expired. A lawyer should be able to quickly determine whether this is the situation. If the case involves a public hospital, which are operated by local or federal government in a different and possibly shorter statute of limitation periods could apply.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and facts of a medical malpractice case. They can also offer specialized or professional opinions and inferences that can help them make an informed decision. They are able to do this because their knowledge is more reliable and detailed than the knowledge of a layperson or someone with no medical training.

A lawyer can engage an expert witness to review medical records, provide a testimony, and assist the lawyer in preparing the case. The expert would sign an affidavit and then appear in the court. An expert could be an employee of a hospital or health care provider at the institution of the defendant, or an outsider.

The expert's testimony must reflect the current medical knowledge at the time. The expert should not condemn or accept the practice as a whole within generally accepted guidelines of practice. Experts should be prepared and able to send transcripts of depositions or courtroom testimony to their peers for review. They should not be a part of contracts that state that the costs for expert testimony are too expensive in comparison to the time and effort.

Parents of a child who has suffered a serious birth trauma may seek damages to cover the cost they'll be liable for their child's medical care, as well as any expenses that have been caused. A determined attorney can determine whether negligence was involved in the child's injury during birth and seek compensation to reduce the financial burden for families.