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Birth Injury Litigation

Birth injuries can lead to serious disabilities that can affect your child's quality of living. Medical treatments can be expensive and long.

A competent lawyer will file your birth injury lawsuit, investigate the incident and gather evidence, create an argument for negligence and also represent you in settlement negotiations or at trial should it be necessary.

Settlements

In more than 90 percent of medical malpractice cases, the plaintiffs and defendants sign an agreement for settlement prior to the case going to trial. Both parties are able to avoid the high and stressful court costs and receive compensation for the plaintiff. If there is no trial, a jury will determine whether the defendants are liable to pay the plaintiff compensation and how much money they should pay.

The first step towards receiving the financial compensation you deserve for your child's birth injury is proving that the doctor you hired to deliver your baby had a an professional relationship with you and breached that obligation during the birthing process. This can be accomplished using medical records and hospital bills. Your lawyer will have to find evidence that the breach caused the injuries to your child.

Once you have this evidence Your lawyer will then send an order package to defendants' malpractice carriers. This document includes a letter detailing the child's injuries and any supporting evidence. The malpractice carrier will then look over the request and decide whether to accept or deny it. If the demand is rejected then your lawyer will bring a lawsuit.

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

Trials

In certain instances, lawyers will try to reach a deal to settle the issue without a court appearance. A settlement is a formal agreement that resolves the case and offers compensation to the plaintiff.

An attorney's team will collect evidence to prove that medical experts didn't adhere to a strict standard of care and caused injury. Lawyers for the defendants will also gather evidence to counter the claims. The attorneys will meet to discuss for a settlement. If a settlement isn't reached, then the case will be taken to court.

The trial process could last for months or even years to take to. It can be stressful, risky, and painful for plaintiffs as they go through the trauma of their child's birth injuries. The winner could be awarded a large verdict. The losing side can appeal the decision.

A birth injury lawyer who has experience can make a huge difference in your case. A lawyer can help you get the best possible result throughout the litigation process. From the drafting of demand letters, to filing the lawsuits and discovery, settlement negotiations, trial, or appeals should they be required a lawyer will ensure the best possible outcome. They can help you receive compensation that will transform your life as well as the lives of your family. 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 to follow when performing procedures. This includes the statute of limitations that sets a time limit for filing lawsuits. This limit is meant 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 deadline for filing a lawsuit has passed will be dismissed even when it has a solid legal basis.

For birth injury victims the statute of limitation can be crucially important. A successful lawsuit can offer compensation for the victim's current and future medical expenses and lost wages resulting from having to work in order to care for their child, and emotional distress. In some cases the judge or jury may also award punitive damages to punish defendants for their extreme negligence.

A New York attorney who is experienced in birth injury claims should represent victims. They can investigate and collect evidence to prove a case of negligence or negotiate a settlement or go to court if necessary. 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 can determine quickly if this is the situation. If the case involves public hospitals which are operated either by local, state or federal governments there is a separate and much shorter statute of limitations could be in place.

Expert Witnesses

In the event of a medical malpractice case experts can help jurors and judges understand the evidence and facts in the case. They are also able to provide expert or professional opinions and inferences that can help them make an informed decision. They can do this because their experience and expertise is more precise and trustworthy than a layperson or someone who is not a medical professional.

A legal representative can retain an expert witness to review medical records, give a testimony and help the lawyer in putting together the case. The expert will sign an affidavit, and then give evidence in court. An expert could be an employee of the defendant's hospital, health care system, or an individual who is not associated with the institution.

The expert's testimony must reflect the current medical knowledge available at the time of the hearing. The expert should not criticize performance that falls within generally accepted practice standards or support performance that is outside of the standards. Experts should be prepared and able to send transcripts of depositions and courtroom testimony to peers to be reviewed. They should not sign any contracts that state that the costs for expert testimony are excessively expensive in comparison to the time and efforts involved.

Parents of a child who has suffered a serious birth trauma may seek damages to cover the future costs they'll have to pay for their child's care, as well as any expenses that were incurred. An experienced lawyer can determine if negligence was involved in the child's injury at birth and seek compensation to alleviate the financial burden of families.