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Birth Injury Litigation

Birth injuries can lead to severe disabilities that could affect your child's quality of life. Medical treatments can be costly and can take a long time.





A competent lawyer will start a lawsuit for birth injuries, investigate the incident and gather evidence, create an argument for negligence and assist you in settlement negotiations or at trial should it be necessary.

Settlements

In 90% of medical malpractice lawsuits, the plaintiff and defendant reach an agreement before the case is heard. Both parties will avoid expensive and stressful court fees and receive compensation for the plaintiff. In the event that an agreement cannot be reached the jury will decide whether the defendants owe the plaintiff any compensation and the amount of the amount they are required to pay.

The first step in obtaining financial compensation for birth injuries for your child is to establish that the doctor who gave birth to your child had a professional relationship with you and that he acted in breach of this duty during the birthing process. This can be accomplished through medical documents and hospital bills. Your lawyer will have to gather proof that the breach caused your child's injuries.

If you have the evidence and your lawyer has it, they will send a demand form to the defendants' malpractice carriers. This document contains a thorough letter that describes the injuries your child sustained along with supporting documents. The malpractice carrier will then look over the request and decide whether to take it up or reject it. If the demand is rejected, your lawyer will file suit.

In the event of a successful birth injury lawsuit the attorney you consult with may recommend placing part of your settlement or award in a special trust for children with special needs. This will enable your child to access future funds to fund things like medicine physical therapy, home modifications.

Trials

In certain instances lawyers may try for a settlement in order to resolve the matter without having to go to court. A settlement provides the plaintiff with financial compensation and ends in an official agreement that ends the matter.

An attorney's team will gather evidence to show that medical professionals didn't meet a certain standard of care and caused injury. The lawyers representing the defendants will also collect evidence to refute the claims. The attorneys will meet to discuss a settlement. If a settlement cannot be reached the case will be sent to trial.

The trial process can take months or years to complete. Plaintiffs can experience stress, pain and anxiety as they try to relive the trauma of their child's birth. The winner could receive an award of a significant amount. However, a losing party can file an appeal of the decision.

A birth injury lawyer with years of experience can make a huge difference in your case. A legal professional can help you get the best result at every stage of the legal process, starting with the creation of the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, or when necessary, appeals. They can help you obtain compensation that will alter your life and that of your family. A lawyer can provide you with an expert network to help 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 performing procedures. These include the statute of limitations which has a time limit for filing lawsuits. This limit is meant to ensure that claims can be filed while evidence is still accessible and witnesses' memories are fresh. Even if a lawsuit has a solid legal foundation, it will be dismissed if it's filed after the statute of limitations has expired.

For birth injury victims the statute of limitations could be particularly crucial. A successful lawsuit can offer compensation for the victim's current and future medical expenses, lost wages due to being away from work to care for their child, as well as emotional stress. In some cases, the jury or judge may also award punitive damages to punish defendants for excessive negligence.

A New York attorney who is experienced in birth injury claims should represent the victims. They can investigate and collect evidence to prove a case of negligence or negotiate a settlement or even go to court if required. In some instances the defendant may attempt to dismiss a lawsuit by arguing that the statute of limitations has run out. A lawyer will be able to swiftly determine whether this is the situation. If the matter involves public hospitals which are operated by local, state, or federal governments, a separate and possibly shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and the facts of a medical malpractice case. They also offer expert or specialized opinions to assist jurors decide. They are able to offer their opinions because their expertise is more reliable and thorough than that of a layperson, or someone who has no medical education.

A lawyer can engage an expert witness to review medical records, give a testimony, and aid the lawyer in preparing the case. The expert will sign an affidavit, and then be able to testify in court. An expert could be an internal employee of the defendant's hospital or health care system, or someone who is not associated with the institution.

The expert's report must reflect the current state of medical knowledge at the time. The expert should not denigrate or condone performance within the generally accepted guidelines of practice. Experts should be prepared to submit transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign agreements where the fees for expert testimony are excessively expensive compared to the time and effort.

Parents who have a child suffering from a severe birth injury may claim damages for the future medical care their child will require in addition to any past expenses they have already paid to care for the child. A steadfast lawyer can determine if negligence caused the child's injury during birth and secure compensation that can ease the financial burden on the family.