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Birth Injury Litigation

Birth injuries can cause severe disabilities that can negatively impact the quality of life of your child. The medical treatments they require could be costly and time-consuming.

A competent lawyer will file a lawsuit for birth injury, investigate the incident, collect evidence, and make an argument of negligence. They can assist you in settlement negotiations or in court if necessary.

Settlements

In over 90% of medical malpractice cases, plaintiffs and defendants sign an agreement to settle the case prior to going to trial. This lets both parties avoid the burdensome and costly court costs, and provides the plaintiff with a guarantee of compensation. In the event that a trial cannot be reached, a jury will determine whether the defendants owe plaintiff compensation and how much money they should pay.

The first step toward receiving the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your baby had a professional relationship with you and violated the duty of care during the birthing process. This can be accomplished through medical documents and hospital bills. Your lawyer will also need to establish that the breach was responsible for your child's injuries.

If you have evidence, your attorney will submit a package of demands to the malpractice insurance companies of the defendants. The demand package will contain a comprehensive letter that describes the injuries your child sustained along with any supporting documents. The malpractice carrier will then examine the request and either take it up or reject it. If the demand is rejected, your lawyer will file a lawsuit.

In the event of a successful birth injury lawsuit Your attorney might suggest placing a portion of your settlement or award into a special trust for children who require special. This will allow your child to have access to future funds for things such as medicine, physical therapy and home modifications.

Trials

In some cases lawyers will attempt to negotiate a settlement to resolve the matter without having to go to court. A settlement is an agreement that is formal and resolves a dispute and pays compensation to the plaintiff.

A team of attorneys will gather evidence to prove that medical professionals did not provide the highest standards of care and caused injuries. Lawyers representing the defendants will also gather their own evidence to disprove the claims. The attorneys will then meet one the other to negotiate a settlement amount. If a settlement is not reached, the case will be taken to the court.

The trial process could take months, or years to complete. It can be stressful, dangerous and painful for plaintiffs as they go through the trauma of their child's birth injuries. The winner may be awarded an award of a significant amount. However, a losing party can file an appeal of the decision.

A birth injury lawyer with experience can make a huge difference in your case. A lawyer can assist you to get the best possible result throughout the litigation process. From drafting the demand letters to filing the lawsuits and discovery, settlement negotiations or appeals when necessary, a legal professional will ensure the highest possible outcome. They can help you obtain the life-changing amount of compensation your family needs. A lawyer can help you establish a a network of experts to support your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred and fight for fair compensation.

Statute of Limitations





The medical profession has its own set of rules that must be followed in all procedures. This includes the statute of limitations which imposes a time limit for filing lawsuits. This limit is designed to ensure that claims are filed in the time evidence is still available and witnesses' memories are fresh. Even if a lawsuit has a solid legal foundation, it will be dismissed if filed after the statute of limitations has expired.

The time limit for filing a claim can be crucial for birth injuries. A successful case could result in the right to compensation for future and present medical costs, lost wages from missing work in order to take care of the child, and emotional anxiety. In certain instances, the juror or judge could also award punitive damage to punish defendants for extreme negligence.

A New York attorney who is adept at defending birth injuries is required to represent the victims. They can conduct an investigation and gather evidence to prove a case of negligence or negotiate a settlement or take the case to court if required. In some cases there is a possibility that a defendant will attempt to dismiss a suit by asserting that the statute of limitations has expired. A lawyer can quickly determine if this is the situation. If the matter involves public hospitals that are run by the state, local or federal government the possibility of a separate, and shorter time limit may apply.

Expert Witnesses

In an instance of medical malpractice, experts are able to help jurors and judges to understand the evidence and facts in the case. They can also provide expert or specialized opinions to assist jurors to make a choice. They can do this because their knowledge and expertise is more thorough and reliable than that of a layperson or someone who has no medical education.

A legal representative can retain an expert witness who will review medical records, give an account and assist the lawyer with the case. The expert would then sign an affidavit as well as testify in court regarding their findings. An expert can be a hospital employee or health care professional from the defendant's establishment or an outsider.

The expert's report must reflect the current medical knowledge at the time of the hearing. The expert should not denounce or excuse any action that is not in line with generally accepted standards of practice. Experts should be willing and able to send transcripts of depositions or courtroom testimony to peers to be reviewed. They should not enter into agreements where the fees for their expert testimony are disproportionately expensive in comparison to the time and effort.

Parents of a child who suffered a severe birth trauma can seek damages to cover the costs they will incur for the care of their child, as well as any previous expenses that may have been caused. A determined lawyer can determine if negligence was involved in the child's injury during birth and obtain compensation that will reduce the financial burden for families.