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Birth Injury Litigation

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

A good lawyer can file your birth injury lawsuit and investigate the incident to gather evidence, present the case for negligence, and assist you in settlement negotiations or in court if necessary.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants sign an agreement on settlement prior to the case going to trial. This lets both parties avoid costly and stressful court costs, and provides the plaintiff with a guarantee of compensation. If the trial is not able to be concluded, a jury will decide if the defendants owe the plaintiff any compensation and the amount of amount they have to pay.

The first step toward receiving the financial compensation you deserve 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 he violated that duty during the birthing process. This can be accomplished through medical records and hospital bills. Your lawyer will also need to find evidence that shows the breach led to the injuries of your child.

Once you have this evidence and your lawyer has it, they will send an offer to the defendants' malpractice carriers. This document includes a written statement detailing your child's injuries, as well as supporting documentation. The malpractice insurance company will review the request, and either decide whether to accept or deny it. If the demand is rejected, your lawyer will make a claim.

Your lawyer may suggest that in the event of a successful lawsuit involving birth injury, a portion of the settlement or award is put into a special needs fund. This will permit you to provide future funds to your child to cover things such as physical therapy, medication, and home modifications.

Trials

In certain cases lawyers will try to reach a settlement to resolve the matter without going to court. A settlement provides an amount of money to the plaintiff and ends in an official agreement that ends the case.

A team of lawyers will collect evidence to prove that medical professionals did not meet a high level of care and caused injuries. Lawyers for the defendants will also gather evidence to prove the allegations. The attorneys will then meet with each other to negotiate a settlement amount. If a settlement cannot be reached, the case will go to court.

The trial process can be lengthy or take years to take to. Plaintiffs may be afflicted with pain, stress and even risk when they recall their child's birth injury trauma. The winner may be awarded an award of a significant amount. A party that loses the appeal can appeal the decision.

A birth injury lawyer with experience can make a big difference in your case. A legal professional can ensure the best result at every stage of the litigation process, from drafting the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, if needed, appeals. They can help you obtain life-changing compensation for your family's needs. A lawyer can provide you with an expert network to help you with your claim. The legal team of Lipsitz Green will investigate the incident to determine what went wrong and fight for a reasonable amount of compensation.

Statute of limitations

The medical profession has its own set of rules to be followed in all procedures. This includes the statute of limitations which sets a deadline for filing lawsuits. This limit is set to ensure that claims are filed in the time physical evidence remains available and witnesses' memories are fresh. A lawsuit that is filed after the time limit has expired will be dismissed, even in the event that it has a solid legal basis.

The statute of limitations is important for victims of birth injuries. A successful claim can provide compensation for the victim's current and future medical expenses, lost wages due to missing work to take care of their child, as well as emotional anxiety. In certain cases, the judge or jury could also award punitive damages to punish defendants for the most reckless of negligence.

Birth injuries victims should have an New York attorney familiar with these types of claims. They are able to investigate the incident and gather evidence, make a case for negligence and negotiate a settlement or go to trial if necessary. In certain instances, a defendant may try to dismiss a case claiming that the statute of limitations is over. A lawyer will be able to swiftly determine whether this is the situation. If birth injury attorneys involves a hospital that is public that is run by local government agencies, whether federal or state-based the possibility of a separate and shorter statute of limitation periods may be in effect.

Expert Witnesses

Expert witnesses can help juries and judges comprehend the evidence and the facts of a medical malpractice case. They may also offer expert or specialized opinions to assist jurors to make a choice. They are allowed to offer their opinions because their knowledge is more reliable and precise than that 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 putting together the case. The expert witness would then sign an affidavit and be present in court regarding their findings. An expert could be an internal employee of the defendant's hospital, health care system, or an individual outside that institution.

The expert's testimony should reflect the current medical knowledge available at the time. The expert should not condemn any practice that is not in line with generally accepted practice standards, nor should they allow for performance that is in violation of those standards. Experts should be able to provide deposition transcripts as well as courtroom testimony to be reviewed by a peer. They should not sign contracts that state that the costs for expert testimony are excessively expensive compared to the time and efforts involved.





Parents of a child who suffered a severe birth trauma may seek damages to cover the future costs they'll be liable for the care of their child, as well as any expenses that were that they have incurred. A determined attorney can determine whether negligence was involved in the child's injury during birth and obtain compensation that will reduce the financial burden for the family.