birth injury attorney Injury Litigation

Birth injuries can lead to serious disabilities and affect the quality of life for your child. Medical treatments can be costly and take a long time.

A competent lawyer will file your lawsuit for birth injuries, investigate the incident, collect evidence, and then make the case of negligence. They can represent you in settlement negotiations or in court if necessary.

Settlements

In over 90% of medical malpractice cases, plaintiffs and defendants come to an agreement to settle the case 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 an agreement cannot be reached, a jury will decide if the defendants owe the plaintiff compensation and how much amount they have to pay.

The first step to receive financial compensation for birth injuries in your child is proving the doctor who gave birth to your child had a professional relationship with you, and that he acted in breach of this duty during the birthing procedure. This can be done by using medical records and hospital invoices. Your lawyer will also need to establish that the breach caused your child's injuries.

Once you have the evidence, your attorney will send a set of demands to the malpractice insurers of the defendants. This document contains a thorough letter that describes the injuries your child sustained and the supporting documents. The malpractice insurance company will look over the request, and then either decide whether to accept or deny it. If the demand is rejected by your lawyer, they will bring a lawsuit.

Your lawyer may suggest that, in the event of a successful lawsuit to remedy birth injury, a part of the settlement or award is placed in a special needs fund. This will enable you to provide future funds to your child for things like physical therapy, medicine and home modifications.

Trials

In some cases lawyers will try to reach a settlement to resolve the matter without a court appearance. A settlement offers the plaintiff with financial compensation and is a formal agreement that settles the case.

An attorney's team will collect evidence to prove that medical professionals did not adhere to a high standard of care and triggered an injury. The lawyers representing the defendants will also gather evidence to prove the allegations. The attorneys will meet to discuss a settlement. If a settlement isn't reached, the case will go to court.

The trial process may take months or years to take to. Plaintiffs may suffer from pain, stress and risk as they relive their child's birth injury trauma. The winning side could be awarded a huge verdict. A losing party can appeal the decision.

An experienced birth injury lawyer can make all the 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 lawsuits and discovery, settlement negotiations, trial, or appeals, if necessary a lawyer will ensure the highest possible outcome. They can assist you in obtaining life-changing compensation for your family's needs. Lawyers can also provide an expert witness network to prove your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for fair amount of compensation.

Statute of Limitations

Medical professionals have their own set of rules to adhere to during procedures. This includes the statute of limitations which has a time limit for filing lawsuits. This limitation is intended to ensure that claims are filed when evidence is still available and the memories of witnesses are fresh. Even if the lawsuit is based on a solid legal foundation the case will be dismissed if it's filed after the statute of limitations has expired.

The statute of limitations is crucial for birth injuries. A successful case can result in compensation for the victim's current and future medical expenses as well as lost wages due to being away from work to take care of their child, and emotional anxiety. In some cases, a jury or judge will also award punitive damages intended to punish defendants for committing a serious negligence.

A New York attorney who is adept at defending birth injuries is required to represent the victims. They can investigate the accident and gather evidence, make an argument for negligence, and settle the case or go to trial if necessary. In some cases the defendant could try to dismiss a suit claiming that the statute of limitation has run out. A lawyer is able to determine whether this is the situation. If the situation involves a public hospital that is run by local government agencies, whether federal or state-based there could be separate and shorter statute of limitation periods may be in effect.

Expert Witnesses

In an instance of medical malpractice, expert witnesses can assist jurors and judges comprehend the evidence and the facts of the case. They can also provide specialized or professional opinions to help the jury make a decision. They are permitted to offer their opinions because their knowledge is more reliable and detailed than those of a layperson or someone who is not trained in medical sciences.

Legal representatives can hire an expert witness who will examine medical records, provide testimony and assist the lawyer put together the case. The expert will sign an affidavit and then appear in court. An expert could be an employee of the defendant's hospital or health care system, or a person outside that institution.

An expert's report should reflect the current state of medical knowledge at the time of the occurrence in the case. The expert should not denigrate or excuse any action that is not in line with generally accepted standards of practice. Experts should be able to provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not sign contracts where the fees for expert testimony are too expensive compared to the time and efforts 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 care and any previous expenses that may have been that they have incurred. A determined attorney can determine if negligence caused the child's injury during birth and obtain compensation that will reduce the financial burden for a family.