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Birth Injury Litigation

Birth injuries can result in serious disabilities that can affect your child's quality of living. The medical treatments that they require can be costly and take a long time.

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

Settlements

In more than 90 percent of medical malpractice cases, plaintiffs and defendants come to a settlement agreement prior to going to trial. This helps both parties avoid costly and stressful court costs, and also gives the plaintiff a promise of compensation. If a trial isn't possible, a jury decides whether the defendants have a duty to pay compensation and in what amount.





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 had a an professional relationship with you and violated the duty of care during the birthing process. You can do this by using medical documents and hospital invoices. Your lawyer will need to collect evidence that the breach led to the injury to your child.

If you have the evidence Your lawyer will then send a demand package to the defendants' malpractice companies. This document includes a letter detailing your child's injuries, and any supporting evidence. The malpractice insurance company will review the demand, and take it or leave it. If the demand is rejected by your lawyer, they will make a claim.

Your attorney may recommend that, in the case of a successful lawsuit to remedy birth injuries, a portion of the settlement or award be placed in a special needs fund. This will allow your child to use the funds for things like medicines and physical therapy as well as home modifications.

Trials

In some cases, lawyers attempt to reach an agreement to settle the issue prior to going to court. A settlement is a formal agreement that resolves a case and provides compensation to the plaintiff.

A team of attorneys will collect evidence to prove that medical professionals did not provide the highest standards of care, causing injury. Lawyers representing defendants will gather their own evidence to counter allegations. The attorneys will meet to negotiate an agreement. If a settlement is not reached, the case will go to the court.

The trial process could take months, or years to be completed. It can be stressful, dangerous and painful for plaintiffs who have to relive the trauma of their child's birth trauma. The winning party may receive a substantial amount. The losing side can appeal the decision.

A skilled birth injury lawyer can make all the difference in your case. A legal professional can help you get the best outcome through every stage of the litigation process, from writing the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, in the event of an appeal, if necessary. They can assist you in getting life-changing compensation for your family's requirements. A lawyer can also help you establish a an expert witness network to support 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

The medical profession has its own set of rules to be adhered to in all procedures. This includes the statute of limitations which imposes a time limit for filing lawsuits. This limitation is intended to ensure that claims are filed as long as evidence is available in physical form and witnesses' memories are fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed can be dismissed even if it has a strong legal basis.

The statute of limitations is crucial for those suffering from birth injuries. A successful claim could award the compensation needed for future and ongoing medical expenses as well as lost wages due to missing work in order to care for the child, as well as emotional anxiety. In certain circumstances, a judge or jury could also award punitive damage to punish defendants who have displayed an extreme lack of care.

A New York attorney who is adept at defending birth injuries is required to represent the victims. They are able to investigate the incident and gather evidence, make a case for negligence, and reach a settlement or go to trial if necessary. In some instances an accused party may try to dismiss a case by asserting that the statute of limitations has run out. A lawyer will be able quickly determine whether this is the case. If the case involves public hospitals which are operated either by state, local, or federal authorities, a separate and possibly shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and facts of the medical malpractice case. They also offer specialized or professional opinions to help jurors to make a choice. They are permitted to offer this advice because their knowledge and expertise is more detailed and trustworthy than the average person or one who is not a medical professional.

A lawyer may hire an expert witness to review medical records, provide a testimony, and assist the lawyer in putting together the case. The expert would then be required to sign an affidavit and testify in court regarding their findings. An expert could be an employee of the defendant's hospital, health care system, or a person outside that institution.

The expert's testimony should reflect the current medical knowledge at the time of the hearing. Experts should not criticize or excuse any action that is not in line with generally accepted guidelines of practice. Experts should be prepared to provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not enter into agreements where the fees for their expert testimony are inordinately expensive in comparison to the time and effort.

Parents who have a child who has suffered a serious birth injury may seek damages for the future medical care the child will require, as well as past expenses they have already incurred to provide care for the child. An experienced attorney can determine if negligence was the cause of the child's injury at birth and secure compensation that can alleviate the financial burden of the family.