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Birth Injury Litigation





Birth injuries can cause severe disabilities that could affect your child's quality of living. Medical treatments can be expensive and take a long time.

A competent lawyer will bring a birth injury lawsuit to investigate the incident, gather evidence, build a case for negligence and assist you in settlement negotiations or in court if needed.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants reach an agreement to settle the case prior to going to trial. This lets both parties avoid expensive and stressful court costs, and provides the plaintiff with a guarantee of compensation. If a trial is not possible, a jury can decide whether the defendants are accountable to pay compensation and in what amount.

The first step towards receiving financial compensation for birth injuries for your child is to establish that the doctor who gave birth to your baby had an established professional relationship with you and that he violated this duty during the birthing process. This can be accomplished using medical documents and hospital bills. Your lawyer will need to gather proof that the breach caused your child's injuries.

Once you have the evidence, your lawyer will present a complete set of demands to the malpractice insurance companies of the defendants. The document will include a letter detailing the injuries suffered by your child, along with supporting documentation. The malpractice insurance company will review the request and decide whether to take it or leave it. If the demand is rejected your lawyer will file suit.

In the event of the outcome of a successful lawsuit for birth injuries your lawyer may suggest placing part of your settlement or award into a special needs trust. This will enable you to provide future funds to your child for things such as physical therapy, medicine and home modifications.

Trials

In some instances, lawyers will try to reach a deal to settle the issue without going to court. A settlement is an agreement that is formal and resolves a case and provides compensation to the plaintiff.

A team of lawyers will gather evidence to demonstrate that medical professionals did not adhere to the requirements for a high standard of care and aggravated injuries. Lawyers representing the defendants will gather their own evidence to counter assertions. The attorneys will meet to negotiate the terms of a settlement. If a settlement cannot be reached then the case will go to trial.

The trial process can take months or years to be completed. It can be stressful, dangerous and painful for plaintiffs who have to relive the trauma of their child's birth injuries. The winner may be awarded an award of a significant amount. The losing side could appeal the decision.

A birth injury lawyer with experience can make a significant difference in your case. A legal professional can ensure the best outcome at every stage of the litigation process, from drafting the demand letter to filing the lawsuit, discovery, settlement negotiations and trial, should it be necessary, appeals. They can help you get life-changing compensation for your family's requirements. A lawyer can also help you establish a an expert witness network to back your claim. The legal team at Lipsitz Green will investigate the case to determine what happened and fight for fair compensation.

Statute of limitations

The medical profession has its own set of rules to be followed during procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed when evidence is still available and witnesses' memories are still fresh. Even if the lawsuit has a solid legal basis it will be dismissed if filed after the statute has expired.

For victims of birth injuries, the statute of limitations can be crucially important. A successful claim could result in compensation for the victim's present and future medical expenses, lost wages due to working less to take care of their child, and emotional stress. In certain cases, a jury or judge may also award punitive damages to punish defendants for extreme negligence.

A New York attorney who is familiar with birth injury claims is required to represent the victims. They can conduct investigations and gather evidence to prove a case of negligence or negotiate a settlement or go to court if needed. In certain situations there is a possibility that a defendant will attempt to dismiss a lawsuit saying that the time limit has expired. A lawyer should be able to quickly determine whether this is the case. If the matter involves public hospitals which are operated either by local, state or federal authorities there is a separate and shorter time limit could be in place.

Expert Witnesses

Expert witnesses can assist juries and judges comprehend the evidence and the facts of a medical malpractice case. They may also provide expert opinions or inferences that can help them make the right decision. They are allowed to offer their opinions because their expertise is more reputable and detailed than the knowledge of a layperson or someone who is not trained in medical sciences.

A lawyer can engage an expert witness to review medical records, provide a testimony, and assist the lawyer in putting together 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, health care system, or someone outside of the institution.

The expert's report must reflect the current medical knowledge in the case at the time. Experts should not criticize or accept the practice as a whole within generally accepted guidelines of practice. Experts should be prepared to provide deposition transcripts and courtroom testimony for peer review. They should not sign any contracts that state that the costs for expert testimony are excessively high in comparison to the time and effort.

Parents of a child that has suffered a serious birth trauma can seek damages to cover the cost they'll incur to care for their child and any expenses that were incurred. A lawyer who is unwavering can determine if negligence at play in the birth injury and secure compensation to ease a family's financial burden.