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Birth Injury Litigation

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

A competent lawyer will file a lawsuit for birth injury, investigate the incident, collect evidence, and present a case of negligence. They can also represent you during settlement negotiations or in court, if required.

Settlements

In a majority of medical malpractice cases, the defendant and plaintiff reach an agreement prior to the case is even tried. Both parties can avoid the expensive and stressful court fees and receive compensation for the plaintiff. If a trial is not possible, a jury decides whether the defendants are responsible to pay compensation and how much.

The first step to receive the financial compensation you deserve for your child's birth injury is proving that the doctor you hired to deliver your baby was in an established professional relationship with you and violated that obligation during the birthing process. This can be accomplished through medical documents and hospital bills. Your lawyer must prove that the breach caused your child's injuries.

If you have evidence, your lawyer will submit a package of demands to the malpractice insurers of the defendants. The document contains a letter detailing your child's injuries, and any supporting evidence. The malpractice insurer will review the demand and either accept it or reject it. If the demand is denied the lawyer will file a lawsuit.

In the event of the outcome of a successful lawsuit for birth injuries your lawyer may suggest placing a portion of your settlement or award into a special trust for children with disabilities. This will permit you to grant future funds to your child for things like physical therapy, medicine and home modifications.

Trials

In certain cases, attorneys will try to find a solution to the issue before going to court. A settlement is an agreement formalized that resolves the case and offers compensation to the plaintiff.

A team of lawyers will collect evidence to prove that medical professionals did not provide the highest standards of care and caused injuries. Lawyers representing the defendants will also gather their own evidence to disprove the claims. The attorneys will then sit down with each other to discuss a settlement amount. If a settlement isn't reached, the case will be taken to court.

The trial process could last for months or even years to complete. It can be stressful, risky and painful for plaintiffs who have to relive the trauma of their child's birth trauma. The winner could be awarded a large verdict. The losing side can file an appeal of the decision.

A skilled birth injury lawyer can make a huge difference in your case. A lawyer can assist you to obtain the best outcome at every stage of the litigation process. From drafting the demand letters, to filing the lawsuits or discovery, settlement negotiation and appeals, as well as trials, if necessary a lawyer will ensure the highest possible outcome. They can help you obtain compensation that will transform your life, and the lives of your family members. A lawyer can connect you to a experts to back your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules they must adhere to when performing procedures. This includes the statute of limitations, which has a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed when evidence is still accessible and witnesses' memories are fresh. Even if a lawsuit has a solid legal foundation, it is dismissed if it is filed after the statute has expired.

For victims of birth injuries the statute of limitation may be especially important. A successful case could result in compensation for future and current medical costs and lost wages resulting from the absence of work to take care of the child, and emotional stress. In some cases, the judge or jury could also award punitive damage to punish defendants who have displayed excessive negligence.





A New York attorney who is well-versed in birth injury claims should represent victims. They can investigate the incident, gather evidence, create an argument for negligence, and negotiate a settlement or go to trial if necessary. In certain instances there is a possibility that a defendant will attempt to dismiss a lawsuit by asserting that the statute of limitations has expired. A lawyer will be able quickly determine when this is the case. If the situation involves public hospitals which are operated by local, state or federal authorities in addition, a separate and shorter time limit could apply.

Expert Witnesses

In the case of medical malpractice, expert witnesses can assist jurors and judges to understand evidence and facts in the case. They may also provide specialized or professional opinions and inferences to assist them in making a decision. They are allowed to offer this advice because their knowledge and expertise is more precise and reliable than a layperson or someone who has no medical education.

Legal representatives can hire an expert witness to review medical records, provide a testimony, and aid the lawyer in putting together the case. The expert would sign an affidavit, and then testify in court. An expert could be an internal employee of the defendant's hospital, health care system, or someone who is not employed by the institution.

The expert's testimony must reflect the current state of medical knowledge at the time. Experts should not rebuke actions that fall within generally accepted practices or accept any performance that is not in the scope of those standards. Experts should be prepared to submit transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign any contracts where the fees for expert testimony are too expensive compared to the time and effort.

Parents who have a child with a severe birth injury may be able to seek compensation for the future care that their child will require, as well as past expenses that they have already paid for the care of the child. A lawyer who stands by his word can determine if negligence was at play in the birth injury and obtain compensation to ease the family's financial burden.