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Birth Injury Litigation

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

A competent lawyer will make a birth injury lawsuit and investigate the incident to collect evidence, make the case for negligence, and assist you in settlement negotiations or in court should it be necessary.

Settlements

In 90% of medical malpractice lawsuits, the defendant and plaintiff reach an agreement before the case is tried. Both parties can avoid high and stressful court costs and receive compensation for the plaintiff. In the event that there is no trial, a jury will decide whether the defendants are liable to pay the plaintiff compensation and how much amount they have to 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 acted in breach of this obligation during the birthing process. You can prove this using medical records and hospital invoices. Your lawyer will need to collect evidence that the breach was responsible for your child's injuries.

If you have evidence, your lawyer will send a set of demands to the malpractice insurance carriers of the defendants. This document includes a written statement detailing your child's injuries, and any supporting evidence. The malpractice insurer will go through the request and either accept it or reject it. If the demand is rejected your lawyer will file suit.

In the event of a successful birth injury lawsuit the attorney you consult with may recommend placing some of the settlement or award into a special trust for children who require special. This will allow you to make future payments to your child to cover things such as medicine, physical therapy, and home modifications.

Trials

In some cases, lawyers will try to reach an agreement to settle the matter before going to court. Settlements provide an amount of money to the plaintiff and is a formal agreement that settles the case.

A team of lawyers will gather evidence to prove that medical professionals did not provide the standards of care and aggravated injuries. Lawyers representing the defendants will also collect evidence to disprove the claims. The attorneys will then sit down with each the other to negotiate a settlement amount. If a settlement cannot be reached, then the case will go to the court.

The trial process could take months or years to be completed. Plaintiffs might suffer from pain, stress and even risk when they recall the trauma of their child's birth. The winning side could receive a large settlement. A losing party may appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A legal professional can ensure the best outcome at every stage of the litigation process, from drafting the demand letter, to filing the lawsuit, discovery, settlement negotiations and trial, and if needed, appeals. They can help you get compensation that will change your life and that of your family. A lawyer can also help you establish a a network of expert witnesses to back 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 that must be followed when performing procedures. This includes the statute of limitations which specifies a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed as long as evidence is still available and witnesses' memories are fresh. A lawsuit filed after the statute of limitations has expired will be dismissed even if it has a strong legal basis.

The time limit for filing a claim can be crucial for birth injuries. A successful case can result in compensation for the victim's current and future medical expenses as well as lost wages due to missing work to take care of their child, as well as emotional stress. In certain instances, the juror or judge could also award punitive damages to punish defendants who have demonstrated an extreme lack of care.





The victims of birth injuries should have an New York attorney familiar with these kinds of claims. They can investigate the incident and gather evidence, create an argument for negligence and seek a settlement or go to trial if needed. In certain situations there is a possibility that a defendant will attempt to dismiss a case by claiming that the time limit has expired. A lawyer will be able quickly determine when this is the case. If the case involves a public hospital that is operated by local government, state or federal authorities, separate and potentially much shorter statute of limitations could be in effect.

Expert Witnesses

In a medical malpractice case, experts are able to help jurors and judges comprehend the evidence and the facts of the case. They can also offer specialized or professional opinions to help the jury decide. They are allowed to do this because their experience and expertise is more detailed and reputable than the average person or one who has no medical education.

Legal representatives can hire an expert witness to review medical records, provide testimony, and assist the lawyer in putting together the case. The expert would then sign an affidavit, and testify in court about their findings. An expert can be an employee of a hospital or health care provider from the defendant's institution or an outsider.

The testimony of an expert should reflect the current state of medical knowledge at the time of incident in the case. Experts should not rebuke the performance that is within generally accepted practices or accept any performance that is not in the scope of the standards. Experts should be prepared and able to provide transcripts of depositions and courtroom testimony to peers to be reviewed. They should not enter into agreements in which the costs for their expert testimony are inordinately high in relation to their time and effort.

Parents who have a child who suffers a serious birth injury may be able to seek damages for the future medical care their child will require, as well as past expenses they have already paid for the care of the child. A lawyer who is unwavering will determine if negligence was involved in a child's birth injury, and then seek compensation to ease the family's financial burden.