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Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact the quality of life for your child. The medical treatments that they require can be expensive and lengthy.

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

Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants sign an agreement for settlement before going to trial. This allows both parties to save money and stress-inducing court costs, and also gives the plaintiff a promise of compensation. In the event that there is no trial, a jury will decide whether the defendants owe the plaintiff compensation and how much they must pay.

The first step in obtaining financial compensation for your child's birth injury is proving that the doctor you hired to deliver your baby had a an established professional relationship with you and violated the duty of care during the birthing procedure. This can be accomplished through medical documents and hospital bills. Your lawyer will need to find evidence that the breach was responsible for the injury to your child.

If you have evidence, your attorney will present a complete set of demands to the malpractice insurers of the defendants. This document contains a thorough letter describing your child's injuries as well as supporting documents. The malpractice insurance company will review the request, and then either take it or leave it. If the demand is rejected by your lawyer, they will bring a lawsuit.

Your lawyer might suggest that, in the event that a lawsuit is successful for birth injury, a portion of the settlement or award be placed in a special needs fund. This will allow your child to use the funds to fund things like medicine and physical therapy as well as home modifications.

Trials





In some instances, attorneys may try to come to an agreement on how to settle the issue prior to going to court. A settlement provides financial compensation to a plaintiff and is a formal agreement that concludes the matter.

A team of lawyers will collect evidence to prove that medical professionals did not provide a high level of care and caused injury. Lawyers representing the defendants will collect their own evidence to counter assertions. The attorneys will then meet with one other to discuss an amount for settlement. If a settlement cannot be reached, the case will be taken to the court.

The trial process can be lengthy or take years to be completed. It can be a stressful, risky and painful for plaintiffs, as they experience the trauma of their child's birth trauma. The winning party could win an award of a significant amount. The losing side may appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can assist you to get the best possible result at every stage of the litigation process. From the creation of demand letters to filing the lawsuits or discovery, settlement negotiations, trial, or appeals when necessary A legal professional will ensure the highest possible outcome. They can help you obtain compensation that will alter your life and the lives of your family. Lawyers can also provide an expert witness network to prove your claim. The legal team at Lipsitz Green will investigate the incident to determine what went wrong and fight for a fair amount of compensation.

Statute of limitations

Medical professionals have their own set of rules they must adhere to when conducting procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limitation is designed to ensure that claims are filed while evidence is still available and the memories of witnesses are fresh. Even if the lawsuit has a solid legal basis it is dismissed if it is filed after the statute has expired.

The time limit for filing a claim can be crucial for those suffering from birth injuries. A successful claim can provide compensation for the victim's current and future medical expenses or lost wages as a result of being away from work to take care of their child, as well as emotional distress. In some cases, the judge or jury could also award punitive damage to punish defendants who have displayed an extreme lack of care.

Birth injuries victims should have a New York attorney familiar with these kinds of claims. They can investigate the incident, gather evidence, create an argument for negligence, and settle the case or go to trial if needed. In some instances the defendant might try to dismiss a suit claiming that the statute of limitations has expired. A lawyer is able to determine if this is the situation. If the case involves a public hospital that is managed by local or federal government the possibility of a separate and shorter statute of limitation periods may apply.

Expert Witnesses

In an instance of medical malpractice, experts can help jurors and judges understand the evidence and the facts of the case. They can also provide specialized or professional opinions that help the jury to make a decision. They are allowed to do so because their knowledge is more reliable and detailed than the knowledge of a layperson or someone who has no medical education.

A lawyer may hire an expert witness to review medical records, offer a testimony, and aid the lawyer in preparing the case. The expert would then sign an affidavit, and testify in court about their findings. An expert could be a hospital employee, health care provider from the defendant's establishment, or an outsider.

The expert's report must reflect the current state of medical knowledge available at the time. Experts should not denounce the performance that is within the generally accepted standards of practice or support performance that is outside of those standards. Experts should provide deposition transcripts and courtroom testimony for peer review. They should not be a part of contracts where the fees for expert testimony are too high compared to their time and efforts involved.

Parents who have a child suffering from a severe birth injury may seek damages for the future care that their child will require, as well as past expenses they have already paid to provide care for the child. A determined attorney can determine whether negligence caused the child's injuries at birth and secure compensation that can help ease the financial burden of a family.