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Birth Injury Litigation

Birth injuries can lead to serious disabilities that can affect your child's quality of living. The medical treatment they require can be costly and long.

A competent lawyer can bring a birth injury lawsuit and investigate the incident to collect evidence, make the case for negligence, and also represent you in settlement negotiations or at trial should it be necessary.

Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants agree to a settlement agreement before the case goes to trial. Both parties will avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial cannot be reached the jury will decide if the defendants owe the plaintiff any compensation and the amount of amount they have to pay.

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 did not fulfill this obligation during the birthing procedure. This can be done by using medical records and hospital invoices. Your lawyer will also need to find evidence that shows the breach resulted in the injuries to your child.

Once you have the evidence, your attorney will present a complete set of demands to the malpractice insurance companies of the defendants. The document will include a detailed letter describing your child's injuries and the supporting documents. The malpractice company will examine the request and either accept or deny it. If the demand is rejected, your lawyer will start a lawsuit.

Your lawyer may suggest that in the case that a lawsuit is successful for birth injury, a portion of the settlement or award is put into a special needs fund. This will permit your child to use the funds for things such as medicine physical therapy, home modifications.

Trials

In some cases, lawyers attempt to reach an agreement to resolve the issue before taking it to court. A settlement is a formal agreement that resolves a case and provides compensation to the plaintiff.

A team of lawyers will gather evidence to prove that medical professionals did not provide the requirements for a high standard of care and caused injury. Lawyers representing the defendants will also gather their own evidence to prove the allegations. The attorneys will meet to discuss a settlement. If no settlement can be reached, then the case will go to court.

The trial process could be lengthy or take years to take to. It can be stressful, dangerous and painful for plaintiffs as they go through the trauma of their child's birth trauma. The winning party may receive an award of a significant amount. A party that loses the appeal can appeal the decision.

A skilled birth injury lawyer can make a huge difference in your case. A lawyer can help you get the best possible outcome at every stage of the litigation process. From the creation of demand letters to filing the lawsuits, discovery, settlement negotiation or appeals should they be required an attorney will ensure the highest possible outcome. They can help you obtain compensation that can change your life and the lives of your family members. A lawyer can also help you establish a an expert witness network 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

The medical profession has its own set of rules to be adhered to during procedures. This includes the statute of limitation which specifies a deadline 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 still fresh. A lawsuit that is filed after the time limit has expired can be dismissed even in the event that it has a solid legal basis.

For victims of birth injuries, the statute of limitations may be especially important. A successful lawsuit could provide compensation for current and future medical costs, lost wages from missing work in order to care for the child, and emotional anxiety. In certain cases, the juror or judge could also award punitive damage to punish defendants for excessive negligence.





The victims of birth injuries should have a New York attorney familiar with these kinds of claims. They can investigate the incident and gather evidence, create a case for negligence, and seek a settlement or go to trial if necessary. In some cases an accused party may try to dismiss a case by claiming that the statute of limitations has expired. A lawyer is able to determine whether this is the case. If the case involves a public health facility, which are operated by local, state or federal governments the possibility of a separate and shorter statute of limitations could apply.

Expert Witnesses

In a medical malpractice case, experts can help jurors and judges understand evidence and facts in the case. They may also offer professional or specific opinions to help jurors to make a decision. They are allowed to do this because their experience and expertise is more specific and reputable than an average person or someone who has no medical training.

A legal representative may retain an expert witness to review medical records, provide testimony, and aid the lawyer in putting together the case. The expert witness would then sign an affidavit as well as testify in court regarding their findings. An expert could be an employee of the defendant's hospital or health care system, or an individual outside that institution.

The expert's testimony must reflect the current state of medical knowledge available at the time of the hearing. The expert should not condemn or excuse any action that is not in line with generally accepted standards of practice. Experts should provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not enter into agreements where the fees for their expert testimony are inordinately expensive in comparison to the time and effort.

Parents of a child who suffered a severe birth trauma may seek damages to pay for the future expenses they'll have to pay to care for their child, as well as any previous expenses that may have been paid for. A lawyer who is committed will determine if negligence was the cause of a child's birth injury and obtain compensation to ease a family's financial burden.