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Birth Injury Litigation

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

A good lawyer will file your lawsuit for birth injury, investigate the incident, collect evidence, and build a case of negligence. They can assist you in settlement negotiations or in court if necessary.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants come to an agreement for settlement before going to trial. This lets both parties save money and stress-inducing court costs, and gives the plaintiff a promise of compensation. If a trial isn't possible, a jury can decide whether the defendants are accountable to pay compensation and what amount.

The first step to receiving financial compensation for birth injuries for your child is to establish that the doctor who delivered your baby had an established professional relationship with you and that he breached this duty during the birthing procedure. This can be accomplished with medical documents and hospital bills. Your lawyer will have to gather proof that the breach was responsible for your child's injuries.

If you have the evidence, your lawyer will submit an offer to the defendants' malpractice companies. This document includes a written statement detailing the injuries suffered by your child, along with supporting documentation. The malpractice insurer will review the demand, and take it or leave it. If the demand is rejected the lawyer will make a claim.

In the event of an outcome in a birth injury lawsuit, your attorney may recommend placing some of the settlement or award into a special trust for children who require special. This will enable you to make future payments to your child to cover things like physical therapy, medicine and home modifications.

Trials

In some cases, attorneys will try to come to an agreement on how to settle the matter before going to court. A settlement provides the plaintiff with financial compensation and is a formal agreement that ends the case.

A team of attorneys will gather evidence to demonstrate that medical professionals failed to meet the requirements for a high standard of care and aggravated injuries. Lawyers representing defendants will collect their own evidence to counter claims. The attorneys will then sit down with each other to negotiate the amount of settlement. If a settlement cannot be reached the case will go to trial.

The trial process could take months, or years to be completed. It can be stressful, risky, and painful for plaintiffs as they go through the trauma of their child's birth trauma. The winning party could win a substantial amount. A party that loses the appeal can appeal the decision.

A birth injury lawyer who has experience can make a big difference in your case. A lawyer can guarantee the best result at every step of the litigation process, from writing the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, or should it be necessary, appeals. They can help you receive compensation that will alter your life, and the lives of your family. A lawyer 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

The medical profession has its own set of rules to be adhered to when performing procedures. These include the statute of limitations which imposes a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed while evidence is still accessible and witnesses' memories remain fresh. A lawsuit filed after the time limit has expired will 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 claim could award the right to compensation for future and present medical expenses and lost wages resulting from the absence of work in order to care for the child, as well as emotional stress. In some cases, the judge or jury could also award punitive damages to punish defendants who have demonstrated extreme negligence.

Victims of birth injuries must have an New York attorney familiar with these kinds of claims. They can investigate and gather evidence to make a case of negligence or negotiate a settlement or go to court when required. In some cases the defendant may attempt to dismiss a suit by claiming that the statute of limitations has expired. A lawyer should be able quickly determine whether this is the situation. If the case involves public hospitals, which are managed by the state, local or federal government there is a separate and shorter time limit could apply.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and the facts of the medical malpractice case. They are also able to provide expert opinions or inferences to help them make a decision. They are permitted to do this because their knowledge is more reliable and detailed than the knowledge of a layperson or someone without medical training.

Legal representatives can hire an expert witness who will examine medical records, provide testimony and assist the lawyer put together the case. The expert would sign an affidavit and then appear in the court. An expert could be an employee of the defendant's hospital, health care system, or a person outside that institution.

Expert testimony should reflect the current state of medical knowledge at the time of the incident in the case. The expert should not condemn or condone the performance of a physician within generally accepted guidelines of practice. Experts should be willing and able to submit transcripts of depositions and courtroom testimony to their peers for review. They should not sign agreements where the fees for their expert testimony are unreasonably high in relation to the time and effort involved.

Parents of children who has suffered a serious birth injury may seek damages for the future medical care their child will require, as well as past expenses they have already incurred to provide care for the child. A lawyer who is unwavering can determine if negligence was involved in a child's birth injury, and then seek compensation to ease the family's financial burden.