Birth Injury Litigation

birth injury lawsuits injuries can cause severe disabilities that could affect your child's quality of living. The medical treatments that they require can be costly and long.

A competent lawyer can file your birth injury lawsuit as well as investigate the incident, gather evidence, present an argument for negligence and assist you in settlement negotiations or in court if necessary.

Settlements

In the majority of medical malpractice cases, the defendant and plaintiff reach an agreement prior to the case is even tried. This helps both parties avoid costly and stressful court fees, and it gives the plaintiff a promise of a fair settlement. In the event that the trial is not able to be concluded, a jury will determine whether the defendants owe plaintiff compensation and how much they must pay.

The first step in obtaining the financial compensation your child deserves for his birth injury is proving that the doctor you hired to deliver your baby had an established professional relationship with you, and he violated that duty during the birthing process. You can prove this using medical records and hospital invoices. Your lawyer must prove that the breach caused your child's injuries.

Once you have this evidence the lawyer will then submit a demand package to the plaintiffs' malpractice insurers. The document contains a letter detailing the child's injuries along with supporting documentation. The malpractice insurer will review the demand, and decide whether or not to accept it. If the demand is denied, your lawyer will file a lawsuit.

If you are the victim of a successful birth injury lawsuit the attorney you consult with may recommend placing the proceeds of your settlement or award in a special trust for children who require special. This will enable you to make future payments to your child for things like medicine, physical therapy, and home modifications.

Trials

In certain cases lawyers will attempt to reach a deal to settle the issue without going to court. Settlements offer an amount of money to the plaintiff and results in an official agreement that resolves the matter.

An attorney's team will seek evidence to prove medical experts didn't adhere to a strict standard of care and caused injury. Lawyers representing the defendants will collect their own evidence to disprove claims. The attorneys will meet to negotiate the terms of a settlement. If a settlement can't be reached then the case will go to trial.

The trial process can take months or even years to complete. It can be a stressful, risky and painful for plaintiffs who have to relive the trauma of their child's birth trauma. The winner could receive a large settlement. However, a losing party can file an appeal of the decision.

A skilled lawyer for birth injuries can make a huge difference in your case. Legal professionals can guarantee the best outcome at every stage of the litigation process, from writing the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, or if needed, appeals. They can assist you in obtaining life-changing compensation for your family's needs. A lawyer can provide you with a network of experts to support your claim. The legal team at Lipsitz Green will investigate the case to determine what happened and fight for fair settlement.

Statute of limitations

The medical profession has its own set of rules to be adhered to in all procedures. This includes the statute of limitation which specifies a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed while evidence is still available and witnesses' memories are fresh. A lawsuit filed after the deadline for filing a lawsuit has passed is dismissed even when it has a solid legal basis.

For birth injury victims the statute of limitation is particularly important. A successful claim could award the right to compensation for future and present medical expenses loss of wages due to the inability to work to care for the child, and emotional stress. In certain circumstances, a jury or judge may also award punitive damages to punish defendants for the most reckless of negligence.

A New York attorney who is familiar with birth injury claims is required to represent the victims. They can investigate the incident and gather evidence, create a case for negligence, and settle the case or go to trial if needed. In some instances the defendant might try to dismiss a suit claiming that the statute of limitations has passed. A lawyer will be able determine quickly if this is the situation. If the matter involves a hospital that is public that is operated by local, state or federal governments the possibility of a separate and shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can help juries and judges to understand the evidence and facts of a medical malpractice case. They may also provide specialized or professional opinions and inferences that can help them make an informed decision. They are permitted to do this because their experience and expertise is more thorough and reliable than that of the average person or one who is not a medical professional.

A lawyer may hire an expert witness to look over medical records, provide testimony, and assist the lawyer in putting together the case. The expert will then sign an affidavit, and testify in court about their findings. An expert could be an employee of the defendant's hospital or health care system, or a person outside of the institution.

The expert's report must reflect the current state of medical knowledge at the time. The expert should not condemn actions that fall within generally accepted practices or allow for performance that is in violation of those standards. Experts should be willing to provide deposition transcripts and courtroom testimony for peer review. They should not sign agreements that state that the costs for expert testimony are too expensive compared to the time and efforts involved.

Parents of a child who suffered a serious birth trauma may seek damages to cover the future costs they'll incur for their child's medical care, as well as any previous expenses that have been incurred. A reliable attorney can determine if negligence was involved in the child's injury during birth and seek compensation to reduce the financial burden for families.