Birth Injury Litigation

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

A good lawyer will file a lawsuit for birth injury, study the incident, gather evidence, and present a case of negligence. They may also represent you during settlement negotiations or in court, if required.

Settlements

In more than 90 percent of medical malpractice cases, the plaintiffs and defendants agree to a settlement agreement prior to going to trial. Both parties can avoid the costly and stressful court fees and receive compensation for the plaintiff. If the trial is not able to be concluded, a jury will determine if the defendants owe the plaintiff any compensation and the amount of money they should pay.

The first step towards receiving financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your baby had an professional relationship with you and violated that obligation during the birthing procedure. This can be accomplished using medical records and hospital bills. Your lawyer will also have to collect evidence that proves the breach resulted in the injuries of your child.

If you have evidence, your lawyer will then submit a list of demands to the malpractice insurance companies of the defendants. This document contains a thorough letter that describes the injuries your child sustained along with supporting documents. The malpractice insurance company will look over the request and decide whether to take it up or reject it. If the demand is rejected the lawyer will bring a lawsuit.

Your lawyer might suggest that, in the event that a lawsuit is successful for birth injuries, a portion of the settlement or award be put into a special needs fund. This will enable you to give future funds to your child to cover things like physical therapy, medication, and home modifications.

Trials

In some cases, lawyers may try to find a solution to the matter before going to court. A settlement offers financial compensation to a plaintiff and ends in an official agreement that concludes the matter.

An attorney's team will collect evidence to prove that medical professionals did not adhere to a high standard of care and caused an injury. Lawyers for defendants will also gather evidence of their own in order to refute allegations. The attorneys will then meet one other to negotiate the amount of settlement. If no settlement can be reached, the case will go to trial.

The trial process may last for months or even years to complete. Plaintiffs can experience stress, pain and danger as they revisit the trauma of their child's birth. The winning side could receive a large settlement. A losing party can file an appeal of the decision.

A birth injury lawyer with years of experience can make a big difference in your case. A lawyer can help you achieve the best possible outcome at every stage of the litigation process. From drafting the demand Vimeo letters, to filing the lawsuits or discovery, settlement negotiations or appeals should they be required an attorney will ensure the highest possible outcome. They can help you obtain compensation that will change your life and that of your family members. A lawyer can provide you with a a network of experts to back your claim. The legal team at Lipsitz Green will investigate the incident to determine what went wrong and fight for a fair settlement.

Statute of limitations

The medical profession has its own set of rules to be adhered to when performing procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories remain fresh. Even if the lawsuit has an established legal foundation it can be dismissed if it is filed after the statute has expired.

For victims of birth injuries the statute of limitation could be particularly crucial. A successful case can result in compensation for the victim's current and future medical expenses and lost wages resulting from having to work in order to care for their child, and emotional stress. In certain cases a judge or jury may also award punitive damages to penalize defendants who have committed a grave carelessness.

Victims of birth injuries must have a New York attorney familiar with these types of claims. They can conduct investigations and gather evidence to support a claim of negligence or negotiate a settlement or go to court if required. In some cases, a defendant may try to dismiss a lawsuit claiming that the statute of limitations has expired. A lawyer should be able quickly determine whether this is the case. If the matter involves public hospitals which are operated by state, local, or federal government the possibility of a separate, and shorter time limit could be in place.

Expert Witnesses

In the case of medical malpractice, expert witnesses help jurors and judges understand evidence and facts in the case. They can also offer expert opinions or inferences to help them make the right decision. They are allowed to do this because their expertise is more reliable and thorough than those of a layperson or someone without medical training.

Legal representatives can hire an expert witness to review medical records, provide testimony, and assist the lawyer in preparing 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 a person who is not associated with the institution.

An expert's testimony should reflect the current state of medical knowledge at the time of the occurrence in the case. The expert should not denounce or accept the practice as a whole within generally accepted standards of practice. Experts should be prepared and able to provide transcripts from depositions or courtroom testimony to their peers for review. They should not sign contracts in which the fees for their expert testimony are disproportionately expensive in comparison to the time and effort.

Parents of children who has suffered a serious birth injury may be able to seek compensation for future care that the child will require and for any previous expenses that they have already paid to care for the child. A lawyer who stands by his word will determine if negligence was involved in a child's live oak birth injury attorney injury and seek compensation to ease the family's financial burden.