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Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact the quality of life of your child. Medical treatments can be costly and take a long time.

A good lawyer will file your lawsuit for birth injury, study the incident, gather evidence, and present the case of negligence. They may also represent you during settlement negotiations or in court if necessary.

Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants come to an agreement on settlement before the case goes to trial. Both parties are able to avoid the expensive and stressful court fees and receive compensation for the plaintiff. In the event that a trial cannot be reached, a jury will determine if the defendants owe the plaintiff compensation and how much they must pay.

The first step to receive financial compensation for birth injuries in your child is to prove the doctor who gave birth to your baby had a professional relationship with you, and that he breached this duty during the birthing process. This can be accomplished through medical documents and hospital bills. birth injury attorneys will need to collect evidence that the breach led to the injury to your child.

If you have the evidence the lawyer will then submit an offer to the defendants' malpractice companies. This document includes a written statement detailing your child's injuries, as well as supporting documentation. The malpractice insurer will examine the request and either accept or reject it. If the demand is rejected by your lawyer, they will file a lawsuit.

Your lawyer might suggest that, in the case that a lawsuit is successful for birth injuries, a portion of the settlement or award is placed in a special needs fund. This will allow you to make future payments to your child to cover things such as physical therapy, medicine and home modifications.

Trials





In some cases, lawyers may try to come to an agreement on how to settle the issue prior to going to court. A settlement is an agreement that is formal and resolves the case and offers compensation to the plaintiff.

A team of attorneys will gather evidence to show that medical professionals did not meet a high level of care, causing injury. Lawyers representing the defendants will also gather evidence to disprove the claims. The attorneys will meet to discuss for a settlement. If a settlement cannot be reached then the case will go to trial.

The trial process can last for months or even years to take to. Plaintiffs might experience stress, pain and risk as they relive their child's birth injury trauma. The winning party could win a substantial amount. A losing party may appeal the decision.

A birth injury lawyer with experience can make a big difference in your case. A legal professional can ensure the best possible outcome through each stage of the litigation process, from the drafting of the demand letter to filing the lawsuit, discovery, settlement negotiations and trial or, when necessary, appeals. They can help you receive compensation that will change your life and the lives of your family. A lawyer can also offer an expert witness network to back your claim. The legal team at Lipsitz Green will investigate the case to determine the cause and fight for fair compensation.

Statute of limitations

Medical professionals have their own set of rules to follow in their procedures. This includes the statute of limitations which imposes a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed when evidence is still accessible and witnesses' memories are still fresh. Even if the lawsuit is based on a solid legal foundation, it will be dismissed if filed after the statute has expired.

For victims of birth injuries the statute of limitation could be particularly crucial. A successful lawsuit could provide the compensation needed for future and ongoing medical expenses loss of wages due to the inability to work to care for the child, and emotional stress. In some cases the judge or jury may also award punitive damages intended to punish defendants for their extreme negligence.

The victims of birth injuries should have an New York attorney familiar with these types of claims. They can investigate the incident, gather evidence, make an argument for negligence, and settle the case or go to trial if needed. In some instances, a defendant might attempt to dismiss a case by asserting that the statute of limitations has expired. A lawyer should be able to quickly determine whether this is the case. If the situation involves public hospitals which are operated by local, state or federal government in addition, a separate and much shorter statute of limitations could be in place.

Expert Witnesses

In the event of a medical malpractice case experts can help judges and juries understand the evidence and facts in the case. They may also offer expert or specialized opinions to help jurors decide. They can do this because their experience and expertise is more precise and trustworthy than the average person or one who has no medical education.

A lawyer can engage an expert witness who will review medical records, give a testimony and help the lawyer with the case. The expert will sign an affidavit and then testify in the court. An expert can be a hospital employee or health care professional at the institution of the defendant, or an outsider.

The expert's testimony must reflect the current medical knowledge at the time of the hearing. The expert should not denounce or condone the performance of a physician within generally accepted guidelines of practice. Experts should be prepared and able to provide transcripts from depositions or courtroom testimony to their peers for review. They should not enter into agreements in which the costs for their expert testimony are unreasonably high relative to their time and effort involved.

Parents who have a child who suffers a serious birth injury may be able to seek damages for the future care that the child will require as well as past expenses they have already incurred for the care of the child. An experienced lawyer can determine if negligence caused the child's injury during birth and obtain compensation that will help ease the financial burden of the family.