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Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact your child's quality of living. Medical treatments can be expensive and lengthy.

A reputable lawyer can start a lawsuit for birth injuries, investigate the incident and collect evidence, make an argument for negligence and represent you in settlement negotiations or in court in the event of a trial.





Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants come to an agreement for settlement before going to trial. Both parties can avoid the costly and stressful court fees and receive compensation for the plaintiff. If a trial isn't possible, a jury can decide whether the defendants are liable to pay compensation and how much.

The first step in obtaining the financial compensation your child deserves for his birth injury is proving that the doctor you hired to deliver your baby had a a professional relationship with you and violated that obligation during the birthing process. This can be accomplished with medical records and hospital bills. Your lawyer will need to collect evidence that the breach caused the injuries to your child.

If you have the evidence and your lawyer has it, they will send a demand package to the defendants' malpractice insurance carriers. The document contains a letter detailing the child's injuries as well as supporting documentation. The malpractice insurer will examine the request, and either decide whether or not to accept it. If the demand is rejected by your lawyer, they will bring a lawsuit.

In the event of an outcome in a birth injury lawsuit Your attorney might suggest placing part of your settlement or award into a special trust for children who require special. This will permit your child to access funds in the future for things like medicine and physical therapy as well as home modifications.

Trials

In some cases, attorneys will attempt to find a solution to the matter before going to court. A settlement is an agreement formalized that resolves a dispute and pays compensation to the plaintiff.

An attorney's team will collect evidence to prove medical professionals didn't meet a certain standard of care and caused an injury. Lawyers representing defendants will gather their own evidence in order to refute assertions. The attorneys will meet to negotiate for a settlement. If a settlement is not reached, the case will be taken to the court.

The trial process may last for months or even years to take to. Plaintiffs might be afflicted with pain, stress and even risk when they recall the trauma of their child's birth. The winning side could be awarded a huge verdict. A losing party could appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can guarantee the best outcome through every stage of the litigation process, from the drafting of the demand letter, to filing the lawsuit as well as settlement negotiations, discovery and trial, if needed, appeals. They can assist you in obtaining life-changing compensation for your family's needs. A lawyer can provide you with an expert network to help support 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 to be followed in all procedures. This includes the statute of limitation that sets a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed while evidence is still available and witnesses' memories remain fresh. Even if the suit has a solid legal basis, it will be dismissed if filed after the statute has expired.

The time limit for filing a claim can be crucial for birth injuries. A successful lawsuit could provide the right to compensation for future and present medical expenses, lost wages from missing work in order to care for the child, as well as emotional distress. In certain cases, a jury or judge may also award punitive damages to punish defendants for extreme inattention to detail.

A New York attorney who is well-versed in birth injury claims should represent the victims. They are able to investigate the incident and gather evidence, make a case for negligence and seek a settlement or go to trial if needed. In some cases an accused party may try to dismiss a case by arguing that the statute of limitations has expired. A lawyer will be able to determine quickly whether this is the case. If the case involves a public health facility, which are operated by local government, state or federal authorities, separate and potentially much shorter time limits for statute of limitations could be in effect.

Expert Witnesses

In an instance of medical malpractice, experts can help jurors and judges comprehend the evidence and the facts of the case. They are also able to provide expert or professional opinions and conclusions to help them make a decision. They are allowed to do this because their knowledge and expertise is more specific and reliable than an average person or someone who has no medical training.

A lawyer can engage an expert witness to review medical records, offer a testimony, and assist the lawyer in putting together the case. The expert would then sign an affidavit as well as testify in court regarding their findings. An expert could be an employee of the defendant's hospital or health care system, or someone who is not associated with the institution.

Expert testimony should reflect the current state of medical knowledge at the time of incident in the case. Experts should not criticize or condone performance within the generally accepted guidelines of practice. Experts should be willing to provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not sign any contracts where the fees for expert testimony are too high compared to their time and efforts involved.

Parents of children suffering from a severe birth injury can seek compensation for future care that their child will require and for any previous costs they've already paid to care for the child. A reliable attorney can determine if negligence caused the child's injuries at birth and can secure compensation to help ease the financial burden of the family.