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Birth Injury Litigation

Birth injuries can lead to serious disabilities and can affect the quality of life of your child. Medical treatments can be expensive and lengthy.

A good lawyer will file your lawsuit for birth injuries, investigate the incident, gather evidence, and present a case of negligence. They may assist you in settlement negotiations or in court if necessary.

Settlements

In 90% of medical malpractice lawsuits, the defendant and plaintiff reach a settlement prior to the case is even tried. This helps both parties save money and stress-inducing court fees, and it provides the plaintiff with a guarantee of compensation. If a trial isn't possible, a jury can decide whether the defendants are accountable to pay compensation and in what amount.

The first step in obtaining financial compensation for a birth injury in your child is to prove the doctor who delivered your child had a professional relationship with you, and that he breached this duty during the birthing process. This can be accomplished using medical records and hospital bills. Your lawyer must find evidence that the breach was responsible for the injuries to your child.

If you have evidence, your lawyer will send a set of demands to the malpractice insurance carriers of the defendants. This document contains a thorough letter that describes the injuries your child sustained as well as supporting documents. The malpractice carrier will then review the demand and either accept it or reject it. If the demand is denied then your lawyer will file a lawsuit.





If you are the victim of a successful birth injury lawsuit , your attorney may recommend placing the proceeds of your settlement or award into a special needs trust. This will allow your child to access future funds for things like medicine, physical therapy and home modifications.

Trials

In certain instances lawyers will try to reach a settlement to settle the issue without going to court. Settlements provide financial compensation to a plaintiff and leads to an official agreement that resolves the matter.

A lawyer's team will collect evidence to prove that medical professionals did not adhere to a high standard of care and caused injury. The lawyers representing the defendants will also gather evidence to disprove the claims. The attorneys will meet to discuss an agreement. If a settlement isn't reached, the case will go to trial.

The trial process may last for months or even years to take to. It can be stressful, risky, and painful for plaintiffs as they relive the trauma of their child's birth injuries. The winning party may receive a large award. The losing side may appeal the decision.

A skilled lawyer for birth injuries can make a huge difference in your case. A lawyer can guarantee the best result at every step of the litigation process, from drafting the demand letter, to filing the lawsuit, discovery, settlement negotiations and trial or, should it be necessary, appeals. They can help you get compensation that will transform your life and that of your family members. A lawyer can also provide experts to back your claim. The legal team at Lipsitz Green will investigate your case to determine how the injury occurred and fight for fair compensation.

Statute of limitations

Medical professionals have their own set of rules to follow when performing procedures. This includes the statute of limitations, which has a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed as long as evidence is still available and witnesses' memories are fresh. Even if the suit has an established legal foundation, it will be dismissed if it's filed after the statute of limitations has expired.

The time limit for filing a claim can be crucial for those suffering from birth injuries. A successful claim could award compensation for current and future medical expenses and lost wages resulting from the absence of work in order to care for the child, as well as emotional anxiety. In some cases, the juror or judge could also award punitive damages to punish defendants for an extreme lack of care.

Victims of birth injuries should have an New York attorney familiar with these kinds of claims. They are able to investigate the incident and gather evidence, present an argument for negligence, and settle the case or go to trial if needed. In certain instances there is a possibility that a defendant will attempt to dismiss a lawsuit asserting that the statute of limitations has run out. A lawyer can quickly determine if this is the situation. If the matter involves a hospital that is public that is operated by local, state or federal governments in a different and possibly shorter statute of limitations may apply.

Expert Witnesses

In an instance of medical malpractice, experts are able to help judges and juries understand the evidence and facts in the case. They can also provide professional or specific opinions that help the jury decide. They can do this because their knowledge and expertise is more thorough and reputable than an average person or someone who is not a medical professional.

A legal representative can retain an expert witness who will examine medical records, provide an account and assist the lawyer to put together the case. The expert would sign an affidavit and then appear in the court. An expert could be an internal employee of the defendant's hospital, health care system, or a person who is not associated with the institution.

An expert's testimony should reflect the current state of medical knowledge at the time of event in the case. Experts should not denounce the performance that is within generally accepted practice standards or accept any performance that is not in the scope of those standards. Experts should be prepared and able to submit transcripts from depositions or courtroom testimony to their peers for review. They should not sign any contracts where the fees for expert testimony are too expensive compared to the time and efforts involved.

Parents of children with a severe birth injury can claim damages for the future medical care the child will require, as well as past costs they've already paid to provide care for the child. A reliable lawyer can determine if negligence caused the child's injuries at birth and obtain compensation that will help ease the financial burden of families.