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Birth Injury Litigation

Birth injuries can cause serious disabilities and affect the quality of life of your child. The medical treatments they require can be costly and take a long time.

A good lawyer will file a lawsuit for birth injury, study the incident, gather evidence, and then make an argument for negligence. They may also represent you during settlement negotiations or in court, if required.

Settlements

In a majority of medical malpractice cases, the defendant and plaintiff reach an agreement before the case is even tried. This helps both parties avoid the burdensome and costly court costs, and gives the plaintiff a guarantee of a fair settlement. In the event that there is no trial the jury will decide whether the defendants owe plaintiff any compensation and the amount of they must pay.

The first step to receive financial compensation for birth injuries for your child is to establish that the doctor who delivered your baby had an established professional relationship with you, and that he did not fulfill this obligation during the birthing process. This can be accomplished through medical records and hospital bills. Your lawyer will also need to establish that the breach caused your child's injuries.

Once you have the evidence, your lawyer will send a set of demands to the malpractice insurers of the defendants. This document includes a letter detailing the child's injuries as well as supporting documentation. The malpractice insurer will review the request, and either accept or reject it. If the demand is denied your lawyer will file a lawsuit.

In the event of an outcome in a birth injury lawsuit the attorney you consult with may recommend placing some of the settlement or award in a special trust for children with disabilities. This will permit your child to use the funds for things such as medicine, physical therapy and home modifications.

Trials

In some instances, attorneys may try to reach an agreement to resolve the matter before going to court. A settlement provides the plaintiff with financial compensation and leads to an official agreement that ends the case.

A team of attorneys will gather evidence to show that medical professionals did not meet the standards of care and caused injury. The lawyers representing the defendants will also gather their own evidence to refute the claims. The attorneys will meet to discuss for a settlement. If a settlement is not reached, then the case will be taken to court.

The trial process may take a long time to take to. Plaintiffs might feel pain, stress and anxiety as they try to relive the trauma of their child's birth. The winning side could be awarded a huge verdict. But, a party that loses can appeal the decision.

A knowledgeable birth injury lawyer can make a huge difference in your case. A legal professional can help you get the best outcome at every step of the litigation process, from the drafting of the demand letter to filing the lawsuit and discovery, settlement negotiations and trial, and in the event of an appeal, if necessary. They can help you receive compensation that will change your life and that of your family. Lawyers can also provide a network of expert witnesses to prove your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules to follow during procedures. birth injury lawyers include the statute of limitations, which imposes a time limit for filing lawsuits. This limit is set to ensure that claims are filed while evidence is available in physical form and the memories of witnesses are fresh. Even if the lawsuit has a solid legal foundation, it will be dismissed if filed after the statute has expired.

For victims of birth injuries the statute of limitation may be especially important. A successful lawsuit could provide compensation for future and current medical costs as well as lost wages due to missing work in order to care for the child, and emotional anxiety. In certain circumstances, a juror or judge could also award punitive damages to punish defendants who have demonstrated an extreme lack of care.

A New York attorney who is familiar with birth injury claims should represent victims. They can investigate the accident and collect evidence, build an argument for negligence, and negotiate a settlement or go to trial if necessary. In some instances the defendant might try to dismiss a suit claiming that the statute of limitation has run out. A lawyer is able to determine if this is the situation. If the matter involves public hospitals which are operated either by local, state, or federal governments the possibility of a separate, and much shorter statute of limitations could be in place.

Expert Witnesses

Expert witnesses can help juries and judges comprehend the evidence and facts of the medical malpractice case. They are also able to provide specialized or professional opinions and inferences that can help them make the right decision. They are permitted to do this because their experience and expertise is more specific and reliable than an average person or someone who has no medical education.

A lawyer can engage an expert witness who will review medical records, give testimony and assist the lawyer to put together the case. The expert would then sign an affidavit as well as testify in court regarding their findings. An expert could be an internal employee of the defendant's hospital, health care system, or an individual who is not employed by the institution.





The expert's opinion must reflect the current medical knowledge in the case at the time of the hearing. The expert should not criticize the performance that is within generally accepted practice standards or allow for performance that is in violation of those standards. Experts should provide deposition transcripts as well as courtroom testimony to be reviewed by a peer. They should not sign agreements in which the costs for their expert testimony are excessively high in relation to the time and effort involved.

Parents of children suffering from a severe birth injury can seek damages for the future medical care the child will require, in addition to any past expenses they have already incurred for the care of the child. A steadfast lawyer can determine if negligence was the cause of the child's birth injury and obtain compensation that will reduce the financial burden for families.