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Birth Injury Litigation

Birth injuries can cause serious disabilities and can affect the quality of life for your child. Medical treatments can be expensive and take a long time.

A good lawyer will file a lawsuit for birth injuries, investigate the incident, gather evidence, and then make the case of negligence. They may also represent you at settlement negotiations or in court if necessary.





Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants come to a settlement agreement prior to the case going to trial. This allows both parties to avoid the burdensome and costly court costs, and gives the plaintiff a promise of compensation. In the event that an agreement cannot be reached, a jury will decide whether the defendants are liable to pay the plaintiff any compensation and the amount of money they should pay.

The first step in obtaining financial compensation for your child's birth injury is proving that the doctor you hired to deliver your baby had a a professional relationship with you, and he violated this obligation during the birthing procedure. This can be done with medical records and hospital bills. Your lawyer will also need to find evidence that shows the breach caused the injuries to your child.

Once you have this evidence and your lawyer has it, they will send a demand package to the defendants' malpractice companies. This document includes a letter detailing the injuries suffered by your child, together with the supporting documentation. The malpractice company will go through the request and either accept it or reject it. If the demand is rejected then your lawyer will file suit.

In the event of a successful birth injury lawsuit your lawyer may suggest placing some of the settlement or award into a special trust for children with disabilities. This will allow you to give future funds to your child to cover things such as physical therapy, medicine, and home modifications.

Trials

In some instances, attorneys may try 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 case and offers compensation to the plaintiff.

An attorney's team will collect evidence to prove medical professionals didn't meet a certain standard of care, causing an injury. Lawyers for defendants will also gather their own evidence in order to refute claims. The attorneys will then meet one other to negotiate an amount for settlement. If no settlement can be reached, then the case will go to court.

The trial process can take a long time to complete. Plaintiffs could feel pain, stress and danger as they revisit the trauma of their child's birth. The winner could be awarded a huge verdict. The losing side can file an appeal of the decision.

A birth injury lawyer who has experience can make a huge difference in your case. A lawyer can assist you to achieve the best possible outcome throughout the litigation process. From the drafting of demand letters, to filing the lawsuits or discovery, settlement negotiation or appeals when necessary a lawyer will ensure you get the best outcome. They can assist you in getting an award that will change your life for your family's requirements. Lawyers can also provide a network of expert witnesses to prove your claim. The legal team at Lipsitz Green will investigate the case to determine what happened and fight for a fair amount of compensation.

Statute of Limitations

Medical professionals have their own set of rules to adhere to in their procedures. This includes the statute of limitations, that imposes a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed while evidence is still accessible and witnesses' memories remain fresh. Even if the lawsuit is based on a solid legal basis the case is dismissed if it is filed after the statute of limitations has expired.

The statute of limitations can be crucial for birth injuries. A successful claim could award the right to compensation for future and present medical expenses as well as lost wages due to missing work in order to care for the child, as well as emotional distress. In some cases, the juror or judge could also award punitive damages to punish defendants who have displayed excessive negligence.

Victims of birth injuries should have an New York attorney familiar with these kinds of claims. They can investigate and collect evidence to prove a case of negligence, negotiate a settlement, or go to court if needed. In certain situations an accused party may try to dismiss a case by claiming that the statute of limitations has expired. A lawyer should be able to quickly determine whether this is the case. If the situation involves a public hospital that is managed by local or federal government the possibility of a separate and shorter time-limits may apply.

Expert Witnesses

In an instance of medical malpractice, expert witnesses help jurors and judges comprehend the evidence and facts in the case. They may also offer expert or specialized opinions that help the jury decide. They are allowed to do this because their expertise is more reliable and precise than that of a layperson, or someone with no medical training.

A lawyer can engage an expert witness to look over medical records, give a testimony, and assist the lawyer in preparing the case. The expert would sign an affidavit, and then be able to testify in the court. An expert could be an employee of the defendant's hospital or health care system, or an individual outside of the institution.

Expert testimony should reflect the current state of medical knowledge at the time of the occurrence in the case. The expert should not denounce or condone performance within the generally accepted standards of practice. Experts should be willing and able to submit transcripts of depositions or courtroom testimony to peers to be reviewed. They should not sign contracts in which the fees for their expert testimony are disproportionately expensive in comparison to the time and effort involved.

Parents of children with a severe birth injury can claim damages for the future care that their child will require and for any previous expenses they have already incurred for the care of the child. A lawyer who is steadfast will determine if negligence was the cause of a child's birth injury and obtain compensation to ease the family's financial burden.