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Birth Injury Litigation

Birth injuries can cause severe disabilities that could affect your child's quality of living. Medical treatments can be expensive and long.

A reputable lawyer can make a birth injury lawsuit as well as investigate the incident, collect evidence, make an argument for negligence and also represent you in settlement negotiations or at trial should it be necessary.

Settlements

In 90% of medical malpractice lawsuits, the plaintiff and defendant negotiate a settlement prior to the case goes to trial. Both parties are able to avoid the expensive and stressful court fees and receive compensation for the plaintiff. If there is no trial, a jury will determine if the defendants owe the plaintiff compensation and how much money they should pay.

birth injury attorneys to receive the financial compensation your child deserves for his birth injury is proving that the doctor you hired to deliver your baby had a an official relationship with you, and he violated this obligation during the birthing procedure. This can be accomplished with medical documents and hospital bills. Your lawyer must collect evidence that the breach caused your child's injuries.

If you have the evidence and your lawyer has it, they will send an order package to defendants' malpractice companies. The document will include a detailed letter describing your child's injuries along with any supporting documents. The malpractice insurance company will review the demand and either accept it or reject it. If the demand is rejected, your lawyer will file suit.





Your lawyer might suggest that in the case of a successful lawsuit for birth injury, a part of the settlement or award be placed into a special needs fund. This will enable you to give future funds to your child to cover things such as physical therapy, medication, and home modifications.

Trials

In some cases lawyers will try to reach a settlement to settle the issue without a court appearance. A settlement is an agreement in writing that settles a case and provides compensation to the plaintiff.

A team of lawyers will gather evidence to demonstrate that medical professionals did not meet the requirements for a high standard of care and aggravated injuries. Lawyers for defendants also gather their own evidence in order to refute claims. The attorneys will then meet with each and negotiate a settlement amount. If a settlement can't be reached then the case will go to trial.

The trial process can take months or years to complete. It can be stressful, risky, and painful for plaintiffs who have to relive the trauma of their child's birth injuries. The winning party could win an award of a significant amount. A party that loses the appeal can appeal the decision.

A birth injury lawyer with experience can make all the difference in your case. A lawyer can guarantee the best possible outcome through each step of the litigation process, from writing the demand letter, to filing the lawsuit, discovery, settlement negotiations and trial, or when necessary, appeals. They can assist you in obtaining compensation that will transform your life and the lives of your family members. A lawyer can also help you establish a a network of expert witnesses to support your claim. The legal team at Lipsitz Green will investigate your claim to determine how the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules that they must follow when conducting procedures. This includes the statute of limitations which sets a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed when evidence is available in physical form and the memories of witnesses are fresh. A lawsuit that is filed after the time limit has expired is dismissed even in the event that it has a solid legal basis.

For victims of birth injuries the statute of limitation is particularly important. A successful claim can provide compensation for the victim's present and future medical expenses as well as lost wages due to being away from work to care for their child, and emotional anxiety. In some cases the judge or jury may also award punitive damages to punish defendants for committing a serious inattention to detail.

A New York attorney who is familiar with birth injury claims should represent victims. They can investigate the incident, gather evidence, make an argument for negligence and settle the case or go to trial if necessary. In some cases the defendant may attempt to dismiss a lawsuit by asserting that the statute of limitations has run out. A lawyer will be able to swiftly determine whether this is the situation. If the situation involves public hospitals which are operated either by local, state, or federal governments in addition, a separate and shorter time limit could apply.

Expert Witnesses

In a medical malpractice case, expert witnesses can assist jurors and judges comprehend the evidence and the facts of the case. They can also offer professional or expert opinions to assist jurors decide. They are permitted to offer their opinions because their knowledge is more reputable and detailed than the knowledge of a layperson or someone without medical training.

Legal representatives can hire an expert witness to review medical records, give an opinion and help the lawyer put together the case. The expert would then sign an affidavit and be present in court about their findings. An expert could be an employee of a hospital or health care provider from the defendant's institution, or an outsider.

The expert's report must reflect the current state of medical knowledge at the time of the hearing. The expert should not denigrate or condone the performance of a physician within generally accepted standards of practice. Experts should be able to provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not enter into contracts in which the fees for their expert testimony are excessively high relative to their time and effort.

Parents of children suffering from a severe birth injury may be able to seek compensation for the future medical care their child will require, as well as past expenses they have already incurred to care for the child. A lawyer who is committed will determine if negligence was at play in the birth injury and seek compensation to ease the family's financial burden.