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Birth Injury Litigation

Birth injuries can result in severe disabilities that could affect your child's quality of life. The medical treatments they require could be costly and take a long time.

A good lawyer can bring a birth injury lawsuit as well as investigate the incident, gather evidence, present the case for negligence, and assist you in settlement negotiations or in court in the event of a trial.

Settlements

In 90% of medical malpractice lawsuits, the plaintiff and defendant agree to a settlement before the case is even tried. This allows both parties to avoid costly and stressful court costs, and gives the plaintiff a guarantee of compensation. If a trial is not feasible, a jury will decide whether the defendants are accountable to pay compensation and in what amount.

The first step to receive the financial compensation your child deserves for his birth injury is proving that the doctor you hired to deliver your baby was in an professional relationship with you, and he violated that duty during the birthing procedure. You can prove this by using medical documents and hospital invoices. Your lawyer must find evidence that the breach was responsible for your child's injuries.

If you have the evidence Your lawyer will then send a demand package to the plaintiffs' malpractice insurers. The document will include a letter detailing the injuries suffered by your child, along with supporting documentation. birth injury attorneys will review the request, and either accept or reject it. If the demand is rejected then your lawyer will file suit.

Your lawyer may suggest that, in the case of a successful lawsuit to remedy birth injuries, a portion of the settlement or award be placed in a special needs fund. This will allow you to grant future funds to your child to cover things like physical therapy, medication, and home modifications.

Trials

In some cases, lawyers will try to come to an agreement on how to settle the matter before going to court. Settlements offer financial compensation to a plaintiff and ends in an official agreement that resolves the case.





An attorney's team will seek evidence to prove that medical experts didn't adhere to a strict standard of care and caused injury. Lawyers for the defendants also gather evidence to counter the claims. The attorneys will then meet with one other to discuss an amount for settlement. If no settlement can be reached the case will go to trial.

The trial process could take months, or years to be completed. Plaintiffs may feel pain, stress and risk as they relive the trauma of their child's birth. The winning side could be awarded a substantial verdict. The losing side can appeal the decision.

A knowledgeable birth injury lawyer can make a huge difference in your case. A lawyer can assist you to obtain the best outcome throughout the litigation process. From drafting the demand letters to filing lawsuits or discovery, settlement negotiation and appeals, as well as trials should they be required an attorney will ensure you get the best outcome. They can help you get compensation that will 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 cause of the injury occurred and fight for fair compensation.

Statute of limitations

Medical professionals have their own set of rules they must adhere to when performing procedures. These include the statute of limitations, which has a time limit for filing lawsuits. This limit is set to ensure that claims are filed in the time evidence is available in physical form and witnesses' memories are fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed will be dismissed even when it has a solid legal basis.

For victims of birth injuries, the statute of limitations may be especially important. A successful case could result in the compensation needed for future and ongoing medical costs loss of wages due to the inability to work in order to take care of the child, and emotional distress. In certain instances, the jury or judge may also award punitive damages to punish defendants for the most reckless of negligence.

A New York attorney who is well-versed in birth injury claims is required to represent the victims. They can investigate and collect evidence to prove a case of negligence or negotiate a settlement or even go to court if needed. In certain instances there is a possibility for a defendant to dismiss a case claiming that the statute of limitations has run out. A lawyer will be able to quickly determine when this is the case. If the case involves public hospitals, which are managed by local, state or federal governments the possibility of a separate, and much shorter statute of limitations could be in place.

Expert Witnesses

In the event of a medical malpractice case expert witnesses can assist jurors and judges comprehend evidence and facts in the case. They also offer expert or specialized opinions to help the jury decide. They are able to do so because their expertise is more reputable and detailed than those of a layperson or someone who is not trained in medical sciences.

A legal representative can retain an expert witness who will review medical records, give an account and assist the lawyer to put together the case. The expert would then be required to sign an affidavit, and testify in court about their findings. An expert could be an employee of the defendant's hospital, health care system, or an individual outside that institution.

The expert's report must reflect the current medical knowledge at the time. Experts should not rebuke the performance that is within the generally accepted standards of practice or allow for performance that is in violation of the standards. Experts should be willing and able to provide transcripts of depositions and courtroom testimony to their peers to be reviewed. They should not enter into agreements where the fees for their expert testimony are unreasonably high relative to their time and effort involved.

Parents of a child that has suffered a serious birth trauma may seek damages to cover the cost they'll be liable for their child's medical care and any expenses that have been paid for. A lawyer who stands by his word will determine if negligence the cause of a child's birth injury and obtain compensation to ease a family's financial burden.