Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact your child's quality of living. Medical treatments can be costly and lengthy.

A competent lawyer can start a lawsuit for birth injuries and investigate the incident to gather evidence, build an argument for birth injury law firm negligence and represent you during settlement negotiations or at trial if necessary.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants sign a settlement agreement prior to going to trial. This helps both parties avoid expensive and stressful court fees, and it gives the plaintiff a promise of compensation. If a trial is not feasible, a jury determines whether the defendants are responsible to pay compensation and in what amount.

The first step to receive financial compensation for your child's birth injury is proving that the doctor you hired to deliver your baby had an official relationship with you and breached that obligation during the birthing process. This can be accomplished with medical documents and hospital bills. Your lawyer will also have to collect evidence that proves the breach caused your child's injuries.

If you have the evidence the lawyer will then submit an order package to plaintiffs' malpractice insurers. The demand package will contain a comprehensive letter detailing the injuries suffered by your child along with any supporting documents. The malpractice insurer will review the demand and either accept it or reject it. If the demand is denied the lawyer will file a lawsuit.

Your lawyer might suggest that in the event 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 make future payments to your child for things like medicine, physical therapy, and home modifications.

Trials

In certain instances lawyers will try for a settlement in order to resolve the matter without having to go to court. A settlement is a formal agreement that resolves a dispute and pays compensation to the plaintiff.

A lawyer's team will collect evidence to prove that medical professionals didn't meet a high standard of care, causing an injury. Lawyers representing the defendants will collect their own evidence to counter claims. The attorneys will then meet with one other to negotiate the amount of settlement. If no settlement can be reached, then the case will be taken to the court.

The trial process can take months or even years to be completed. It can be stressful, dangerous and painful for plaintiffs who have to relive the trauma of their child's birth injury attorney injuries. The winning party may receive an award of a significant amount. But, a party that loses can appeal the decision.

A skilled lawyer for birth injuries can make a huge difference in your case. A lawyer can assist you to achieve the best possible outcome at every stage of the litigation process. From the writing of the demand letters to filing the lawsuits and discovery, settlement negotiations and appeals, as well as trials If necessary an attorney will ensure the highest possible outcome. They can help you get the life-changing amount of compensation your family needs. A lawyer can provide you with a network of experts to back your claim. The legal team at Lipsitz Green will investigate your claim to determine how the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules that they must follow when conducting procedures. These include the statute of limitations that imposes a deadline for filing lawsuits. This limitation is designed to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories remain fresh. Even if the lawsuit is based on a solid legal foundation it will be dismissed if it's filed after the statute has expired.

The statute of limitations can be important for victims of birth injuries. A successful case could result in the right to compensation for future and present medical costs as well as lost wages due to missing work in order to care for the child, and emotional distress. In some cases a judge or jury will also award punitive damages to penalize defendants who have committed a grave negligence.

A New York attorney who is familiar with birth injury claims should represent victims. They can investigate and gather evidence to establish a case of negligence, negotiate a settlement, or go to court if needed. In certain cases the defendant could try to dismiss a lawsuit by claiming that the statute of limitations has passed. A lawyer should be able to quickly determine whether this is the situation. If the situation involves public hospitals which are managed by local, state or federal governments in addition, a separate and much shorter statute of limitations could be in place.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and facts of a medical malpractice case. They may also provide expert or professional opinions and inferences that can help them make an informed decision. They are permitted to do this because their experience and expertise is more thorough and reliable than that of a layperson or someone who is not a medical professional.

Legal representatives can enlist an expert witness who will examine medical records, provide an account and assist the lawyer with the case. The expert would then be required to sign an affidavit and testify in court regarding their findings. An expert could be an employee of the defendant's hospital or health care system, or someone outside that institution.

The testimony of an expert should reflect the state of medical knowledge at the time of the incident. The expert should not criticize actions that fall within the generally accepted standards of practice or huenhue.net allow for performance that is in violation of the standards. Experts should submit transcripts of depositions and courtroom testimony for peer review. They should not sign agreements in which the costs for their expert testimony are unreasonably high in relation to their time and effort involved.

Parents of a child that has suffered a serious birth trauma may seek damages to cover the future costs they will incur for their child's medical care and any expenses that have been that they have incurred. A lawyer who is steadfast will determine if negligence was responsible for a child's birth injury, and then seek compensation to ease a family's financial burden.