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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 can take a long time.





A reputable lawyer can bring a birth injury lawsuit, investigate the incident and gather evidence, build the case for negligence, and represent you in settlement negotiations or in court should it be necessary.

Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants agree to an agreement on settlement before the case goes to trial. Both parties can avoid costly and stressful court costs and receive compensation for the plaintiff. If an agreement cannot be reached, a jury will determine whether the defendants owe the plaintiff compensation and how much money they should pay.

The first step in obtaining the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your baby had an professional relationship with you, and he violated that obligation during the birthing process. This can be done by using medical documents and hospital invoices. Your lawyer will also need to establish that the breach caused the injuries to your child.

Once you have this evidence Your lawyer will then send an offer to the defendants' malpractice insurance carriers. The demand package will contain a comprehensive letter detailing the injuries suffered by your child along with supporting documents. The malpractice carrier will then examine the request and either accept or reject it. If the demand is denied your lawyer will file suit.

Your attorney may recommend that in the case that a lawsuit is successful for birth injuries, a percentage of the settlement or award be put into a special needs fund. This will allow you to grant future funds to your child for things like physical therapy, medicine and home modifications.

Trials

In certain instances, lawyers will try to reach a settlement to settle the issue without having to go to court. Settlements provide the plaintiff with financial compensation and is a formal agreement that resolves the matter.

A team of lawyers will gather evidence to show that medical professionals did not provide the requirements for a high standard of care, causing injury. Lawyers representing defendants will collect evidence on their own to disprove assertions. The attorneys will meet to discuss a settlement. If a settlement cannot be reached the case will go to trial.

The trial process can take months or even years to complete. Plaintiffs could experience stress, pain and anxiety as they try to relive their child's birth injury trauma. The winner may be awarded a substantial amount. But, a party that loses could appeal the decision.

A birth injury lawyer who has experience can make a significant difference in your case. A lawyer can guarantee the best result at every stage of the litigation process, from drafting 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 obtaining compensation that will alter your life, and the lives of your family members. A lawyer can help you establish a an expert network to back 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 adhere to in their procedures. This includes the statute of limitations which establishes a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed as long as evidence in the physical remains and witnesses' memories are fresh. A lawsuit filed after the deadline for filing a lawsuit has passed is dismissed even the case has a solid legal basis.

The time limit for filing a claim can be important for victims of birth injuries. A successful case could result in compensation for current and future medical costs as well as lost wages due to missing work in order to take care of the child, and emotional anxiety. In some cases, a jury or judge may also award punitive damages to penalize defendants who have committed a grave inattention to detail.

A New York attorney who is adept at defending birth injuries should represent the victims. They can investigate and gather evidence to support a claim of negligence or negotiate a settlement or even go to court if necessary. In certain situations an accused party may try to dismiss a suit by asserting that the time limit has expired. A lawyer will be able to swiftly determine whether this is the case. If the case involves public hospitals which are operated either by state, local, or federal authorities the possibility of a separate, and shorter statute of limitations could be in place.

Expert Witnesses

In an instance of medical malpractice, expert witnesses help jurors and judges to understand the evidence and the facts in the case. They are also able to provide specialized or professional opinions and conclusions to help them make the right decision. They are able to do so because their knowledge is more reputable and detailed than those of a layperson or someone who has no medical education.

A lawyer can engage an expert witness to review medical records, give an account and assist the lawyer in putting together the case. The expert witness would then sign an affidavit and testify in court regarding their findings. An expert could be an employee of a hospital or health care provider at the institution of the defendant or an outsider.

The testimony of an expert should reflect the current state of medical knowledge at the time of the incident in the case. Experts should not rebuke any practice that is not in line with generally accepted practice standards or accept any performance that is not in the scope of those standards. Experts should be able to submit transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not be a part of contracts that state that the costs for expert testimony are too high compared to their time and efforts involved.

Parents of a child who has suffered a severe birth trauma may seek damages to cover the future costs they will incur for their child's medical care and any past expenses that have been paid for. A lawyer who stands by his word can determine if negligence was involved in a child's birth injury and obtain compensation to ease the family's financial burden.