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Birth Injury Litigation

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

A reputable lawyer can start a lawsuit for birth injuries and investigate the incident to gather evidence, build a case for negligence and assist you in settlement negotiations or at trial in the event of a trial.

Settlements

In more than 90 percent of medical malpractice cases, the plaintiffs and defendants reach an agreement to settle the case before going to trial. Both parties will avoid costly and stressful court fees and receive compensation for the plaintiff. In the event that there is no trial the jury will decide if the defendants owe the plaintiff any compensation and the amount of the amount they are required to pay.

The first step towards receiving the financial compensation you deserve for your child's birth injury is proving that the doctor you hired to deliver your baby had a an established professional relationship with you and breached that duty during the birthing process. This can be done with medical records and hospital bills. Your lawyer will also have to gather evidence that the breach was responsible for the injuries of your child.

Once you have the evidence, your attorney will then submit a list of demands to the malpractice insurance carriers of the defendants. The document will include a letter detailing the injuries suffered by your child, along with supporting documentation. The malpractice insurer will review the demand and either accept it or reject it. If the demand is rejected, your lawyer will file a lawsuit.

In the event of an outcome in a birth injury lawsuit your lawyer may suggest placing some of the settlement or award into a special needs trust. This will permit your child to access future funds for things like medicine physical therapy, home modifications.

Trials

In some instances lawyers will try to reach a deal to settle the issue without having to go to court. A settlement provides financial compensation to a plaintiff and results in an official agreement that ends the matter.

A team of lawyers will gather evidence to demonstrate that medical professionals failed to meet a high level of care and caused injury. Lawyers representing the defendants will also gather evidence to refute the claims. The attorneys will meet to negotiate the terms of a settlement. If no settlement can be reached the case will be sent to trial.

The trial process can take months or years to complete. It can be stressful, risky, and painful for plaintiffs, as they experience the trauma of their child's birth trauma. The winning party could win a large award. But, a party that loses could appeal the decision.





A birth injury lawyer who has experience can make all the difference in your case. A lawyer can assist you to obtain the best outcome throughout the litigation process. From drafting the demand letters to filing lawsuits, discovery, settlement negotiation, trial, or appeals should they be required A legal professional will ensure the best possible outcome. They can help you get compensation that can change your life, and the lives of your family. A lawyer can also offer an expert witness network to support your claim. The legal team at Lipsitz Green will investigate your case to determine the reason for the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules to follow during procedures. This includes the statute of limitation that sets a time limit for filing lawsuits. This limit is intended to ensure that claims can be filed when evidence is still accessible and witnesses' memories are fresh. Even if the suit has an established legal foundation, it will be dismissed if filed after the statute of limitations has expired.

For birth injury victims, the statute of limitations can be crucially important. A successful claim may provide compensation for future and current medical expenses, lost wages from missing work to take care of the child, as well as emotional anxiety. In some cases the judge or jury will also award punitive damages to punish defendants for their extreme negligence.

Birth injuries victims should have an New York attorney familiar with these kinds of claims. They can conduct an investigation and gather evidence to make a case of negligence or negotiate a settlement or go to court when necessary. In some cases an accused party may try to dismiss a case by claiming that the time limit has expired. A lawyer can quickly determine if this is the situation. If the case involves public hospitals, which are operated either by local, state or federal governments, a separate and possibly shorter statute of limitations could apply.

Expert Witnesses

In a medical malpractice case, experts can help judges and juries understand the evidence and the facts in the case. They may also offer professional or specific opinions to help jurors make a decision. They are allowed to do this because their experience and expertise is more specific and reliable than that of the average person or one who has no medical training.

A lawyer can engage an expert witness to review medical records, give a 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.

Expert testimony should reflect the current state of medical knowledge at the time of the incident. The expert should not criticize actions that fall within the generally accepted standards of practice or condone performance that is outside of the standards. Experts should be able to submit transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign contracts that state that the costs for expert testimony are excessively high in comparison to the time and efforts involved.

Parents who have a child with a severe birth injury may seek compensation for future medical care their child will require, as well as past expenses they have already paid for the care of the child. A steadfast attorney can determine whether negligence was involved in the child's injuries at birth and can secure compensation to reduce the financial burden for a family.