Birth Injury Litigation

Birth injuries can lead to serious disabilities and affect the quality of life of your child. The medical treatments they require could be costly and long.

A good lawyer can bring a birth injury lawsuit, investigate the incident and gather evidence, create a case for negligence and assist you in settlement negotiations or in court should it be necessary.

Settlements

In the majority of medical malpractice lawsuits the plaintiff and defendant negotiate a settlement before the case is heard. This allows both parties to avoid costly and stressful court costs, and also gives the plaintiff a promise of compensation. If a trial is not possible, a jury can decide whether the defendants have a duty to compensate the plaintiff and how much.

The first step to receive financial compensation for birth injuries in your child is to prove the doctor who gave birth to your child had a professional relationship with you and that he acted in breach of this obligation during the birthing procedure. You can prove this using medical records and hospital invoices. Your lawyer will also have to gather evidence that the breach resulted in the injuries to your child.

If you have the evidence, your lawyer will submit an order package to plaintiffs' malpractice insurers. This document contains a thorough letter that outlines the child's injuries and the supporting documents. The malpractice insurer will examine the request, and then either decide whether or not to accept it. If the demand is rejected, your lawyer will bring a lawsuit.

If you are the victim of the outcome of a successful lawsuit for birth injuries your lawyer may suggest placing some of the settlement or award into a special needs trust. This will permit your child to use the funds to fund things like medicine and physical therapy as well as home modifications.

Trials

In some instances, lawyers will try to reach a deal to resolve the matter without going to court. A settlement is a formal agreement that resolves the case and offers compensation to the plaintiff.

A lawyer's team will collect evidence to show that medical professionals didn't meet a high standard of care and caused an injury. Lawyers for the defendants will also collect evidence to disprove the claims. The attorneys will then sit down with each other to discuss an amount for settlement. If a settlement is not reached, then the case will be taken to the court.

The trial process could take a long time to be completed. It can be stressful, risky and painful for plaintiffs as they go through the trauma of their child's birth injuries. The winning party could win a substantial amount. The losing side can appeal the decision.

An experienced birth injury lawyer can make all the 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 assist you in obtaining compensation that will transform your life, and the lives of your family. A lawyer can also provide experts to prove 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 that they must follow in their procedures. This includes the statute of limitations, which imposes a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed when evidence is still accessible and witnesses' memories are fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed will be dismissed, even the case has a solid legal basis.

For birth injury lawsuits injury victims the statute of limitation can be crucially important. A successful lawsuit could provide the right to compensation for future and present medical costs, lost wages from missing work to care for the child, as well as emotional stress. In certain cases, the judge or jury may also award punitive damages to punish defendants who have demonstrated an extreme lack of care.

The victims of birth injuries should have a New York attorney familiar with these kinds of claims. They can conduct investigations and gather evidence to establish a case of negligence or negotiate a settlement or take the case to court if needed. In some cases there is a possibility for a defendant to dismiss a suit claiming that the statute of limitations has passed. A lawyer should be able to quickly determine if this is the situation. If the situation involves public hospitals that are run by local, state or federal authorities the possibility of a separate, and shorter statute of limitations may apply.

Expert Witnesses

In the event of a medical malpractice case expert witnesses can assist jurors and judges to understand the evidence and the facts of the case. They also offer professional or specific opinions to assist jurors make a decision. They are able to do so because their knowledge is more reliable and detailed than that of a layperson, or someone with no medical training.

A lawyer may hire an expert witness to look over medical records, give a testimony, and assist the lawyer in putting together the case. The expert would then sign an affidavit as well as testify in court regarding their findings. An expert could be an internal 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 state of medical knowledge at the time. The expert should not criticize any practice that is not in line with generally accepted practices or support performance that is outside of those standards. Experts should be able to provide deposition transcripts as well as courtroom testimony for peer review. They should not enter into contracts in which the fees for their expert testimony are excessively expensive in comparison to the time and effort involved.

Parents of a child that has suffered a severe birth trauma may seek damages to cover the cost they'll incur to care for their child and any past expenses that have been paid for. A reliable lawyer can determine if negligence caused the child's injuries at birth and can secure compensation to ease the financial burden on a family.