Birth Injury Litigation

Birth injuries can result in serious disabilities that can affect the quality of life of your child. Medical treatments can be expensive and can take a long time.

A competent lawyer will file your birth injury lawsuit and Birth Injury Litigation investigate the incident to gather evidence, present a case for negligence and represent you during settlement negotiations or in court if needed.

Settlements

In more than 90 percent of medical malpractice cases, the plaintiffs and defendants sign an agreement to settle the case before the case goes to trial. This allows both parties to avoid the burdensome and costly court costs, and provides the plaintiff with a guarantee of a fair settlement. If a trial cannot be reached, a jury will determine whether the defendants owe the plaintiff any compensation and the amount of they must pay.

The first step in obtaining the financial compensation you deserve for your child's birth injury lawyers injury is to prove that the doctor you hired to deliver your baby was in an official relationship with you, and he violated the duty of care during the birthing procedure. This can be accomplished with medical documents and hospital bills. Your lawyer will also have to gather evidence that the breach caused your child's injuries.

If you have the evidence Your lawyer will then send a demand form to the defendants' malpractice insurance carriers. This document includes a detailed letter that describes the injuries your child sustained and the supporting documents. The malpractice insurer will review the demand, and take it or leave it. If the demand is rejected then your lawyer will make a claim.

Your lawyer might suggest that in the event that a lawsuit is successful for birth injury attorneys injuries, a percentage of the settlement or award is put into a special needs fund. This will permit you to provide future funds to your child for things such as medicine, physical therapy, and home modifications.

Trials

In some cases, lawyers may try to reach an agreement to resolve the matter before going to court. Settlements offer financial compensation to a plaintiff and ends in an official agreement that settles the matter.

A team of lawyers will gather evidence to demonstrate that medical professionals failed to meet the requirements for a high standard of care and aggravated injuries. Lawyers representing the defendants will collect their own evidence in order to refute assertions. The attorneys will then sit down with each and negotiate an amount for settlement. If a settlement isn't reached, then the case will go to court.

The trial process can take months or years to complete. Plaintiffs could suffer from pain, stress and risk as they relive the trauma of their child's birth. The winning side may receive a large settlement. The losing side can appeal the decision.

A skilled lawyer for birth injury attorney injuries 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 or appeals should they be required, a legal professional can ensure the most favorable outcome. They can help you get compensation that will transform your life and the lives of your family members. A lawyer can provide you with a an expert network to help support 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 adhere to during procedures. This includes the statute of limitations, that imposes a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed in the time evidence is available in physical form and the memories of witnesses are fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed 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 can provide compensation for the victim's present and future medical expenses as well as lost wages due to missing work to care for their child, as well as emotional anxiety. In some cases, the judge or jury could also award punitive damage to punish defendants who have shown excessive negligence.

A New York attorney who is adept at defending birth injuries is required to represent the victims. They can investigate the incident, gather evidence, create an argument for negligence and reach a settlement or go to trial if necessary. In certain instances the defendant could try to dismiss a lawsuit claiming that the statute of limitations has run out. A lawyer will be able to swiftly determine whether this is the situation. If the situation involves a public hospital, which are operated by local or federal government, separate and potentially much shorter time limits for statute of limitations may be in effect.

Expert Witnesses

Expert witnesses can help juries and judges to understand the evidence and facts of a medical malpractice case. They also offer expert or specialized opinions that help the jury decide. They are able to do this because their expertise is more reliable and detailed than that of a layperson or someone who has no medical education.

A lawyer may hire an expert witness to review medical records, provide testimony, and aid the lawyer in preparing the case. The expert will then sign an affidavit and testify in court about their findings. An expert can be a hospital employee, health care provider from the defendant's establishment or an outsider.

The expert's opinion must reflect the current state of medical knowledge in the case at the time of the hearing. The expert should not criticize the performance that is within generally accepted practices or accept any performance that is not in the scope of those standards. Experts should be willing and able to provide transcripts of depositions and courtroom testimony to their peers for review. They should not enter into agreements where the fees for their expert testimony are inordinately high relative to their time and effort.

Parents of a child who has suffered a serious birth trauma can seek damages to pay for the future expenses they will incur to care for their child and any previous expenses that may were caused. An experienced attorney can determine whether negligence was involved in the child's injuries at birth and can secure compensation to help ease the financial burden of a family.