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Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact the quality of life of your child. Medical treatments can be costly and can take a long time.

A competent lawyer will file a lawsuit for birth injury, investigate the incident, gather evidence, and then make a case of negligence. They can assist you in settlement negotiations or in court, if required.

Settlements

In more than 90 percent of medical malpractice cases, the plaintiffs and defendants come to a settlement agreement before going to trial. Both parties will avoid expensive and stressful court fees and receive compensation for the plaintiff. If a trial cannot be reached the jury will decide whether the defendants owe the plaintiff any compensation and the amount of amount they have to pay.

The first step towards receiving financial compensation for birth injuries for your child is to establish that the doctor who gave birth to your child had a professional relationship with you and that he violated this duty during the birthing process. You can prove this by using medical documents and hospital invoices. Your lawyer will also have to establish that the breach led to the injuries of your child.

Once you have the evidence, your lawyer will submit a package of demands to the malpractice insurers of the defendants. This document includes a written statement detailing the injuries suffered by your child, along with supporting documentation. The malpractice insurer will go through the request and either accept it or reject it. If the demand is denied your lawyer will file a lawsuit.

In the event of the outcome of a successful lawsuit for birth injuries 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 like physical therapy, medicine and home modifications.

Trials

In some instances lawyers will attempt to reach a deal to settle the issue without a court appearance. A settlement is a formal agreement that resolves a case and provides compensation to the plaintiff.

A team of lawyers will collect evidence to prove that medical professionals failed to meet a high level of care and caused injury. Lawyers for defendants also collect evidence on their own to prove the allegations. The attorneys will meet to discuss for a settlement. If a settlement cannot be reached, then the case will go to court.





The trial process can take months or even years to be completed. Plaintiffs can feel pain, stress and risk as they relive the trauma of their child's birth. The winning side could be awarded a large verdict. The losing side can appeal the decision.

A knowledgeable birth injury lawyer can make a huge difference in your case. A lawyer can help you obtain the best outcome throughout the litigation process. From the writing of the demand letters to filing lawsuits or discovery, settlement negotiation, trial, or appeals should they be required A legal professional will ensure the best possible outcome. They can assist you in getting an award that will change your life for your family's needs. A lawyer can also offer experts to support your claim. The legal team of Lipsitz Green will investigate the case to determine what transpired and fight for a fair settlement.

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 that sets a time limit for filing lawsuits. This limit is designed 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 can be dismissed even the case has a solid legal basis.

For birth injury victims the statute of limitations could be particularly crucial. A successful claim can provide compensation for the victim's current and future medical expenses, lost wages due to being away from work to care for their child, and emotional anxiety. In certain cases the judge or jury will also award punitive damages to penalize defendants who have committed a grave carelessness.

A New York attorney who is experienced in birth injury claims should represent the victims. They are able to investigate the incident and gather evidence, make a case for negligence, and negotiate a settlement or go to trial if needed. In certain cases the defendant might try to dismiss a lawsuit claiming that the statute of limitation is over. A lawyer will be able to determine quickly whether this is the case. If the situation involves public hospitals which are managed by state, local, or federal governments there is a separate and shorter statute of limitations could be in place.

Expert Witnesses

In a medical malpractice case, experts can help jurors and judges to understand the evidence and the facts of the case. They may also offer expert or specialized opinions to help jurors decide. They are able to do this because their experience and expertise is more detailed and reliable than that of the average person or one who has no medical training.

A lawyer may hire an expert witness to review medical records, give a testimony, and aid the lawyer in putting together the case. The expert would sign an affidavit and then give evidence in court. An expert can be a hospital employee or health care provider from the defendant's institution or an outsider.

An expert's report should reflect the state of medical knowledge at the time of the event in the case. The expert should not criticize performance that falls within the generally accepted standards of practice or allow for performance that is in violation of those standards. Experts should be able to provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not enter into contracts in which the fees for their expert testimony are unreasonably high in relation to their time and effort involved.

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