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Birth Injury Litigation

Birth injuries can lead to serious disabilities and can affect the quality of life of your child. Medical treatments can be expensive and lengthy.

A good lawyer will file your lawsuit for birth injury, study the incident, gather evidence, and present an argument for negligence. They may also represent you during settlement negotiations or in court if necessary.

Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants sign an agreement on settlement before the case goes to trial. This lets both parties avoid costly and stressful court fees, and it gives the plaintiff a promise of compensation. If a trial isn't feasible, a jury will decide whether the defendants are liable to pay compensation and what amount.

The first step in obtaining financial compensation for birth injuries for your child is to establish that the doctor who gave birth to your child had a professional relationship with you and that he did not fulfill this duty during the birthing procedure. This can be accomplished through medical documents and hospital bills. Your lawyer will need to gather proof that the breach led to the injuries to your child.

Once you have the evidence, your attorney will submit a package of demands to the malpractice insurers of the defendants. The document contains a letter detailing the child's injuries as well as supporting documentation. The malpractice insurance company will review the request, and either take it or leave it. If the demand is rejected by your lawyer, they will file a lawsuit.

In the event of a successful birth injury lawsuit, your attorney may recommend placing some of the settlement or award into a special trust for children with disabilities. This will allow your child to use the funds for things like medicines, physical therapy and home modifications.

Trials

In some cases, attorneys attempt to come to an agreement on how to settle the matter before going to court. A settlement is an agreement in writing that settles the matter and also provides compensation to the plaintiff.

An attorney's team will collect evidence to prove that medical professionals didn't meet a certain standard of care, causing an injury. Lawyers representing the defendants will collect their own evidence in order to refute allegations. The attorneys will then meet with each the other to negotiate a settlement amount. If a settlement cannot be reached then the case will go to trial.

The trial process could take months, or years to be completed. Plaintiffs might be afflicted with pain, stress and anxiety as they try to relive the trauma of their child's birth. The winner could receive an award of a significant amount. The losing party can appeal the decision.

A knowledgeable birth injury lawyer can make all the difference in your case. A lawyer can help you get the best possible result at every stage of the litigation process. From the writing of the demand letters to filing lawsuits, discovery, settlement negotiation or appeals, if necessary an attorney will ensure you get the best outcome. They can help you get compensation that will change your life and the lives of your family. A lawyer can help you establish a a network of experts to help 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 followed during procedures. These include 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 available and witnesses' memories are fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed will be dismissed, even the case has a solid legal basis.

The time limit for filing a claim can be crucial for birth injuries. A successful lawsuit could provide compensation for future and current medical expenses, lost wages from missing work to take care of the child, and emotional stress. In certain instances, the judge or jury could also award punitive damage to punish defendants who have shown an extreme lack of care.

Victims of birth injury attorney injuries should have an New York attorney familiar with these types of claims. They can investigate the accident and gather evidence, create an argument for negligence, and negotiate a settlement or go to trial if needed. In certain cases the defendant could try to dismiss a lawsuit by claiming that the statute of limitations is over. A lawyer should be able 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 limitations may apply.

Expert Witnesses

Expert witnesses can help juries and judges understand the evidence and the facts of a medical malpractice case. They can also offer professional or expert opinions to help the jury to make a decision. They are able to offer their opinions because their expertise is more reliable and detailed than that of a layperson or someone with no medical training.

Legal representatives can hire an expert witness to review medical records, offer a testimony, and aid the lawyer in putting together the case. The expert would sign an affidavit and then testify in court. An expert can be a hospital employee, health care professional from the defendant's establishment or an outsider.

An expert's testimony should reflect the current state of medical knowledge at the time of the occurrence in the case. Experts should not rebuke the performance that is within generally accepted practice standards, nor should they support performance that is outside of the standards. Experts should provide deposition transcripts as well as courtroom testimony for peer review. They should not sign contracts where the fees for their expert testimony are disproportionately high in relation to the time and effort.

Parents of children who suffers a serious birth injury may seek damages for the future medical care the child will require, as well as past expenses they have already incurred to care for the child. An experienced attorney can determine whether negligence was involved in the child's birth injury and seek compensation to reduce the financial burden for a family.