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Birth Injury Litigation

Birth injuries can lead to severe disabilities and impact the quality of life of your child. The medical treatment they require can be expensive and lengthy.

A competent lawyer will file your birth injury lawsuit to investigate the incident, gather evidence, create a case for negligence and also represent you in settlement negotiations or at trial if necessary.

Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants come to an agreement on settlement before the case goes to trial. This helps both parties avoid the burdensome and costly court costs, and gives the plaintiff a promise of a fair settlement. If the trial is not able to be concluded, a jury will decide whether the defendants are liable to pay the plaintiff any compensation and the amount of money they should pay.

The first step in obtaining the financial compensation your child deserves for his birth injury is proving that the doctor you hired to deliver your baby was in a professional relationship with you, and he violated this obligation during the birthing process. You can do this by using medical records and hospital invoices. Your lawyer will also have to establish that the breach led to the injuries of your child.

If you have the evidence, your lawyer will submit a demand form to the defendants' malpractice insurance carriers. The document will include a letter detailing your child's injuries, together with the supporting documentation. The malpractice insurance company will examine the request and either accept it or reject it. If the demand is rejected by your lawyer, they will start a lawsuit.

If you are the victim of a successful birth injury lawsuit Your attorney might suggest placing a portion of your settlement or award in a special trust for children with special needs. This will permit your child to access future funds for things like medicines or physical therapy as well as home modifications.

Trials

In some cases lawyers will try to negotiate a settlement to resolve the matter without having to go to court. Settlements offer financial compensation to a plaintiff and leads to an official agreement that settles the matter.

An attorney's team will seek evidence to show that medical professionals did not adhere to a high standard of care and caused injury. Lawyers for defendants will also gather evidence of their own in order to refute allegations. The attorneys will then sit down with each the other to negotiate a settlement amount. If a settlement is not reached, then the case will be taken to the court.

The trial process could be lengthy or take years to complete. Plaintiffs might be afflicted with pain, stress and danger as they revisit their child's birth injury trauma. The winning party could win an award of a significant amount. However, a losing party can file an appeal of the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can help you achieve the best possible outcome throughout the litigation process. From drafting the demand letters, to filing the lawsuits or discovery, settlement negotiations, trial, or appeals should they be required an attorney will ensure the best possible outcome. They can assist you in obtaining compensation that will transform your life, and the lives of your family. A lawyer can also offer a network of expert witnesses to support 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

The medical profession has its own set of rules that must be followed during 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. Even if a lawsuit has a solid legal foundation, it can be dismissed if it is filed after the statute has expired.

For birth injury victims the statute of limitations can be crucially important. A successful lawsuit could provide the compensation needed for future and ongoing medical costs as well as lost wages due to missing work to take care of the child, as well as emotional distress. In some cases, a jury or judge may also award punitive damages intended to punish defendants for committing a serious inattention to detail.

A New York attorney who is familiar with birth injury claims is required to represent the victims. They can conduct an investigation and gather evidence to establish a case of negligence or negotiate a settlement or even go to court if required. In certain instances, a defendant may try to dismiss a lawsuit by claiming that the statute of limitations has expired. A lawyer should be able to quickly determine whether this is the situation. If the situation involves a public hospital that is operated by local government, state or federal authorities, separate and potentially much shorter time limits for statute of limitations may apply.

Expert Witnesses

In a medical malpractice case, experts can help jurors and judges understand the evidence and the facts in the case. They can also offer expert or specialized opinions to help the jury decide. They are allowed to offer their opinions because their expertise is more reliable and precise than those of a layperson or someone without medical training.

A lawyer may hire an expert witness to review medical records, provide testimony, and aid the lawyer in preparing 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 outside of the institution.

An expert's report should reflect the state of medical knowledge at the time of incident. The expert should not denigrate or condone the performance of a physician within generally accepted guidelines of practice. Experts should be prepared and able to submit transcripts from depositions or courtroom testimony to their peers to be reviewed. They should not sign contracts in which the fees for their expert testimony are disproportionately high in relation to their time and effort.

Parents who have a child who has suffered a serious birth injury law firms injury may be able to seek compensation for the future medical care their child will require and also for past expenses they have already incurred to care for the child. A steadfast attorney can determine if negligence caused the child's birth injury and secure compensation that can reduce the financial burden for the family.