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Birth Injury Litigation

Birth injuries can lead to serious disabilities and affect the quality of life for your child. The medical treatments they require could be costly and long.

A competent lawyer will file your lawsuit for birth injury, study the incident, collect evidence, and build 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, the plaintiffs and defendants come to an agreement for settlement prior to going to trial. This allows both parties to avoid expensive and stressful court costs, and provides the plaintiff with a guarantee of compensation. In the event that a trial cannot be reached the jury will decide whether the defendants owe the plaintiff any compensation and the amount of money they should pay.

The first step in obtaining financial compensation for birth injuries in your child is proving the doctor who delivered your baby had an established professional relationship with you and that he did not fulfill this duty during the birthing process. You can prove this using medical records and hospital invoices. Your lawyer will also need to establish that the breach caused your child's injuries.

Once you have the evidence, your attorney will present a complete set of demands to the malpractice insurers of the defendants. The demand package will contain a comprehensive letter detailing the injuries suffered by your child along with any supporting documents. The malpractice carrier will then go through the request and either take it up or reject it. If the demand is rejected then your lawyer will make a claim.

Your lawyer might suggest that, in the case of a successful lawsuit to remedy birth injury, a portion of the settlement or award be placed into a special needs fund. This will enable your child to access future funds for things such as medicine and physical therapy as well as home modifications.

Trials

In some cases, lawyers will try to come to an agreement on how to settle the issue prior to going to court. Settlements provide an amount of money to the plaintiff and leads to an official agreement that ends the matter.

An attorney's team will seek evidence to show that medical professionals did not adhere to a high standard of care and triggered an injury. Lawyers for defendants also collect their own evidence to counter claims. The attorneys will meet to discuss for a settlement. If a settlement cannot be reached, the case will be taken to the court.

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

A birth injury lawyer who has experience can make a big difference in your case. A lawyer can assist you to get the best possible outcome at every stage of the litigation process. From the writing of the demand letters, to filing the lawsuits and discovery, settlement negotiations and appeals, as well as trials, if necessary an attorney will ensure the best possible outcome. They can help you obtain compensation that will alter your life and that of your family. A lawyer can also provide experts to back your claim. The legal team at Lipsitz Green will investigate the case to determine what transpired and fight for fair amount of compensation.

Statute of limitations





The medical profession has its own set of rules that must be adhered to when performing procedures. These include the statute of limitations, which has a time limit for filing lawsuits. This limit is set to ensure that claims are filed while evidence is available in physical form and witnesses' memories are fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed is dismissed even the case has a solid legal basis.

birth injury lawsuit of limitations can be crucial for birth injuries. A successful lawsuit could provide compensation for future and current medical costs loss of wages due to the inability to work in order to care for the child, as well as emotional anxiety. In some cases, the jury or judge may also award punitive damages to punish defendants who have displayed extreme negligence.

A New York attorney who is adept at defending birth injuries should represent victims. They can investigate the accident and gather evidence, create a case for negligence and seek a settlement or go to trial if necessary. In certain instances, a defendant may try to dismiss a lawsuit claiming that the statute of limitation has expired. A lawyer will be able to determine quickly when this is the case. If the case involves a public hospital, which are operated by local government agencies, whether federal or state-based, separate and potentially much shorter time limits for statute of limitations could be in effect.

Expert Witnesses

In the event of a medical malpractice case expert witnesses can assist jurors and judges to understand the evidence and facts in the case. They also offer expert or specialized opinions to assist jurors decide. They are allowed to offer this advice because their knowledge and expertise is more specific and trustworthy than the average person or one who has no medical training.

Legal representatives can hire an expert witness who will review medical records, give a testimony and help the lawyer put together the case. The expert would then sign an affidavit and be present in court about their findings. An expert could be an employee of a hospital or health care provider from the defendant's establishment, or an outsider.

Expert testimony should reflect the state of medical knowledge at the time of the incident. Experts should not criticize or accept the practice as a whole within generally accepted standards of practice. Experts should be willing to provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not enter into contracts where the fees for their expert testimony are inordinately high in relation to the time and effort.

Parents who have a child who has suffered a serious birth injury may seek damages for the future medical care their child will require, and for any previous expenses that they have already paid to provide care for the child. A determined attorney can determine if negligence was involved in the child's injuries at birth and obtain compensation that will help ease the financial burden of a family.