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Birth Injury Litigation

Birth injuries can lead to severe disabilities that can negatively impact the quality of life of your child. The medical treatments that they require can be costly and long.

A competent lawyer will file your birth injury lawsuit to investigate the incident, gather evidence, present a case for negligence and represent you in settlement negotiations or in court should it be necessary.

Settlements

In the majority of medical malpractice lawsuits the plaintiff and defendant reach an agreement before the case is even tried. This helps both parties avoid expensive and stressful court costs, and gives the plaintiff a guarantee of a fair settlement. If a trial is not possible, a jury decides whether the defendants are liable to pay compensation and how much.

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

If you have the evidence, your lawyer will submit a demand package to the defendants' malpractice companies. This document includes a written statement detailing your child's injuries, as well as supporting documentation. The malpractice company will examine the request and either accept or deny it. If the demand is denied your lawyer will file a lawsuit.

In the event of an outcome in a birth injury lawsuit your lawyer may suggest placing some of the settlement or award in a special trust for children who require special. This will allow your child to access future funds for things like medicine physical therapy, home modifications.

Trials

In certain cases, attorneys may try to reach an agreement to settle the matter before going to court. birth injury attorney coral springs is an agreement formalized that resolves the case and offers compensation to the plaintiff.

A team of attorneys will gather evidence to show that medical professionals did not adhere to the requirements for a high standard of care and caused injury. The lawyers representing the defendants will also gather evidence to prove the allegations. The attorneys will then meet with one other to discuss the amount of settlement. If a settlement cannot be reached, then the case will go to court.

The trial process could take months or years to complete. It can be a stressful, risky and painful for plaintiffs as they go through the trauma of their child's birth trauma. The winning side could be awarded a large verdict. The losing side could appeal the decision.

A birth injury lawyer with years of experience can make a big difference in your case. A lawyer can guarantee the best result at every stage of the litigation process, from drafting the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, or in the event of an appeal, if necessary. They can help you obtain the life-changing amount of compensation your family requirements. Lawyers can also provide an expert witness network to support your claim. The legal team of Lipsitz Green will investigate the case to determine what transpired and fight for a fair amount of compensation.

Statute of limitations

The medical profession has its own set of rules to be followed in all procedures. This includes the statute of limitations which establishes a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed as long as evidence is still available and witnesses' memories remain fresh. Even if a lawsuit has a solid legal foundation it is dismissed if it is filed after the statute of limitations has expired.

The time limit for filing a claim can be crucial for birth injuries. A successful claim can provide compensation for the victim's present and future medical expenses, lost wages due to being away from work to take care of their child, and emotional anxiety. In certain cases a judge or jury may also award punitive damages intended to penalize defendants who have committed a grave negligence.

A New York attorney who is experienced in birth injury claims is required to represent the victims. They can investigate and gather evidence to support a claim of negligence or negotiate a settlement or go to court if needed. In some instances an accused party may try to dismiss a lawsuit claiming that the statute of limitations has run out. A lawyer will be able quickly determine whether this is the case. If the case involves public hospitals, that are run by state, local, or federal government in addition, a separate and much shorter statute of limitations could be in place.

Expert Witnesses

In the event of a medical malpractice case expert witnesses can assist jurors and judges understand evidence and facts in the case. They may also provide expert or professional opinions and conclusions to help them make an informed decision. They are allowed to do so because their knowledge is more reputable and detailed than that 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 a testimony and help the lawyer in putting together the case. The expert will sign an affidavit and then give evidence in court. An expert could be a hospital employee or 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. Experts should not rebuke the performance that is within generally accepted practices or accept any performance that is not in the scope of the standards. Experts should be prepared to provide deposition transcripts as well as courtroom testimony to be reviewed by a peer. They should not enter into agreements where the fees for their expert testimony are inordinately high in relation to their time and effort.

Parents who have a child who suffers a serious birth injury may claim damages for the future medical care their child will require and for any previous costs they've already paid to care for the child. A lawyer who is committed will determine if negligence was responsible for a child's birth injury and secure compensation to ease the family's financial burden.