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Birth Injury Litigation
Birth injuries can cause serious disabilities and affect the quality of life of your child. The medical treatment they require can be costly and take a long time.
A competent lawyer can file your birth injury lawsuit , investigate the incident and gather evidence, create an argument for negligence and assist you in settlement negotiations or at trial should it be necessary.
Settlements
In a majority of medical malpractice cases, the defendant and plaintiff reach an agreement before the case is tried. This helps both parties avoid the burdensome and costly court fees, and it provides the plaintiff with a guarantee of compensation. In the event that a trial cannot be reached, 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 was in a professional relationship with you and breached that obligation during the birthing process. You can do this by using medical records and hospital invoices. Your lawyer will need to collect evidence that the breach caused the injury to your child.
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 detailed letter that describes the injuries your child sustained along with any supporting documents. The malpractice insurer will review the request, and either decide whether or not to accept it. If the demand is denied the lawyer will file suit.
Your lawyer might suggest that, in the event that a lawsuit is successful for birth injuries, a percentage of the settlement or award is put into a special-needs fund. This will permit you to give future funds to your child for things like physical therapy, medication, and home modifications.
Trials
In some cases lawyers will try to reach a deal to resolve the matter without going to court. A settlement is an agreement in writing that settles the matter and also provides compensation to the plaintiff.
A lawyer's team will collect evidence to show that medical professionals did not adhere to a high standard of care, causing an injury. Lawyers representing defendants will collect their own evidence to prove the claims. The attorneys will meet to negotiate a settlement. If a settlement isn't reached, the case will go to the court.
The trial process could take months, or years to be completed. Plaintiffs may suffer from pain, stress and even risk when they recall the trauma of their child's birth. The winning party could win an enormous amount. However, a losing party can appeal the decision.
A knowledgeable birth injury lawyer can make all the difference in your case. Legal professionals can guarantee the best possible outcome through each step of the legal process, starting with the creation of the demand letter, to filing the lawsuit or discovery, negotiation of settlement and trial, when necessary, appeals. They can help you get compensation that will change your life, and the lives of your family. Lawyers can also provide experts to back 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
Medical professionals have their own set of rules to adhere to when conducting procedures. This includes the statute of limitation that sets a time limit for filing lawsuits. This limit is set to ensure that claims are filed while evidence in the physical remains and the memories of witnesses are fresh. Even if the suit has a solid legal basis, it is dismissed if it is filed after the statute of limitations has expired.
The time limit for filing a claim can be important for birth injuries. A successful claim may provide the right to compensation for future and present medical costs, lost wages from missing work in order to take care of the child, as well as emotional anxiety. In certain cases, a jury or judge may also award punitive damages to punish defendants for their extreme negligence.
The victims of birth injuries should have a New York attorney familiar with these types of claims. They can investigate the incident, gather evidence, make a case for negligence and negotiate a settlement or go to trial if necessary. In some instances there is a possibility that a defendant will attempt to dismiss a case by arguing that the statute of limitations has expired. A lawyer is able to determine if this is the case. If the situation involves public hospitals which are operated by the state, local or federal authorities in addition, a separate and shorter statute of limitations could be in place.
Expert Witnesses
Expert witnesses can help juries and judges understand the evidence and facts of the medical malpractice case. They may also offer professional or expert opinions to assist jurors decide. They can do this because their knowledge and expertise is more specific and reliable than a layperson or someone who is not a medical professional.
Legal representatives can enlist an expert witness to examine medical records, provide a testimony and help the lawyer in putting together the case. The expert would sign an affidavit, and then give evidence in court. An expert can be a hospital employee or health care provider from the defendant's establishment or an outsider.
Expert testimony should reflect the state of medical knowledge at the time of the incident. The expert should not denigrate or condone performance within the generally accepted standards of practice. Experts should be prepared and able to provide transcripts of depositions and courtroom testimony to peers for review. They should not enter into contracts where the fees for their expert testimony are inordinately high relative to their time and effort involved.
Parents of a child who has suffered a severe birth trauma can seek damages to cover the costs they'll be liable to care for their child, as well as any past expenses that have been incurred. An experienced attorney can determine whether negligence caused the child's injury at birth and secure compensation that can alleviate the financial burden of families.
