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Birth Injury Litigation

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

A good lawyer will file your lawsuit for birth injuries, investigate the incident, gather evidence, and make an argument for negligence. They may assist you in settlement negotiations or in court if needed.

Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants reach a settlement agreement before going to trial. This lets both parties avoid expensive and stressful court fees, and it provides the plaintiff with a guarantee of a fair settlement. If a trial is not feasible, a jury determines whether the defendants are liable to pay compensation and in what amount.

The first step to receive financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your baby had a an professional relationship with you and breached that duty during the birthing procedure. This can be accomplished with medical records and hospital bills. Your lawyer will need to gather proof that the breach caused the injuries to your child.

Once you have this evidence Your lawyer will then send an order package to plaintiffs' malpractice insurers. The demand package will contain a comprehensive letter detailing the injuries suffered by your child along with any supporting documents. The malpractice insurer will review the request, and either accept or reject it. If the demand is rejected, your lawyer will make a claim.

In the event of a successful birth injury lawsuit, your attorney may recommend placing some of the settlement or award into a special trust for children with disabilities. This will permit your child to access future funds for things such as medicine, physical therapy 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 that is formal and resolves the matter and also provides compensation to the plaintiff.

An attorney's team will collect evidence to show that medical professionals didn't meet a certain standard of care and triggered an injury. Lawyers representing defendants will gather their own evidence to disprove allegations. The attorneys will then meet with one the other to negotiate a settlement amount. If a settlement cannot be reached, then 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 as they go through the trauma of their child's birth injuries. The winner could be awarded a huge verdict. A losing party may appeal the decision.

A birth injury lawyer who has experience can make a huge difference in your case. A lawyer can guarantee the best outcome through every stage of the litigation process, from drafting the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, and when necessary, appeals. They can help you get compensation that will alter your life as well as the lives of your family. 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 case to determine the reason for the injury occurred and fight for fair compensation.





Statute of Limitations

The medical profession has its own set of rules that must be followed when performing procedures. These include the statute of limitations which has a time limit for filing lawsuits. This limitation is designed to ensure that claims are filed while evidence is available in physical form and witnesses' memories are fresh. Even if the lawsuit has an established legal foundation the case will be dismissed if filed after the statute of limitations has expired.

For birth injury victims, the statute of limitations can be crucially important. A successful claim may provide the right to compensation for future and present medical costs loss of wages due to the inability to work to care for the child, as well as emotional distress. In some cases, a jury or judge will also award punitive damages intended to punish defendants for extreme negligence.

The victims of birth injuries should have a New York attorney familiar with these types of claims. They can investigate the incident and gather evidence, present a case for negligence and reach a settlement or go to trial if needed. In certain instances the defendant may attempt to dismiss a lawsuit arguing that the statute of limitations has expired. A lawyer is able to determine if this is the situation. If the case involves public hospitals, which are operated either by local, state, or federal government the possibility of a separate, and shorter statute of limitations may apply.

Expert Witnesses

In a medical malpractice case, expert witnesses help jurors and judges to understand evidence and facts in the case. They may also offer specialized or professional opinions to help the jury to make a choice. They are able to do this because their expertise is more reliable and detailed than that of a layperson or someone without medical training.

A legal representative may retain an expert witness to review medical records, provide a testimony, and aid the lawyer in preparing the case. The expert would sign an affidavit, and then testify in the court. An expert could be an employee of the defendant's hospital or health care system, or an individual outside that institution.

The expert's report must reflect the current medical knowledge available at the time. The expert should not condemn or condone performance within the generally accepted standards of practice. Experts should be willing to provide deposition transcripts as well as 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 excessively high in comparison to the time and effort.

Parents of a child who has suffered a serious birth trauma may seek damages to cover the costs they'll be liable to care for their child, as well as any previous expenses that may have been paid for. An experienced attorney can determine if negligence was involved in the child's injury during birth and obtain compensation that will ease the financial burden on a family.