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Birth Injury Litigation

Birth injuries can lead to severe disabilities and impact the quality of life for your child. The medical treatments they require could be costly and take a long time.

A good lawyer can start a lawsuit for birth injuries as well as investigate the incident, collect evidence, make a case for negligence and also represent you in settlement negotiations or at trial should it be necessary.

Settlements

In over 90% of medical malpractice cases, plaintiffs and defendants agree to an agreement for settlement prior to the case going to trial. Both parties can avoid expensive and stressful court fees and receive compensation for the plaintiff. If a trial is not feasible, a jury will decide whether the defendants are responsible to pay compensation and what amount.





The first step to receive the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your baby had a an established professional relationship with you and breached the duty of care during the birthing process. This can be done with medical records and hospital bills. birth injury lawsuit garden grove will need to gather proof that the breach led to the injury to your child.

If you have evidence, your lawyer will send a set of demands to the malpractice insurers of the defendants. The demand package will contain a comprehensive letter detailing the injuries suffered by your child 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 then your lawyer will start a lawsuit.

Your lawyer could suggest that in the event of a successful lawsuit involving birth injuries, a portion of the settlement or award is placed in a special needs fund. This will permit you to grant future funds to your child to cover things such as physical therapy, medicine and home modifications.

Trials

In some instances, lawyers will try for a settlement in order to resolve the matter without a court appearance. A settlement offers an amount of money to the plaintiff and results in an official agreement that resolves the case.

An attorney's team will collect evidence to prove medical professionals didn't meet a high standard of care, causing an injury. Lawyers representing defendants will gather evidence of their own in order to refute allegations. The attorneys will meet to negotiate for a settlement. If a settlement is not reached, the case will be taken to court.

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

A birth injury lawyer with years of experience can make all the difference in your case. A lawyer can help you achieve the best possible outcome throughout the litigation process. From the writing of the demand letters to filing the lawsuits or discovery, settlement negotiation or appeals If necessary a lawyer will ensure you get the best outcome. They can help you receive compensation that will change your life and the lives of your family. A lawyer can provide you with a a network of experts to support your claim. The legal team at Lipsitz Green will investigate the case to determine what transpired and fight for a fair settlement.

Statute of limitations

The medical profession has its own set of rules to be adhered to during procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limitation is designed to ensure that claims can be filed when evidence is still accessible and witnesses' memories remain fresh. A lawsuit filed after the time limit has expired is dismissed even in the event that it has a solid legal basis.

For victims of birth injuries the statute of limitation can be crucially important. A successful case could result in compensation for current and future medical expenses and lost wages resulting from the absence of work in order to take care of the child, and emotional anxiety. In some cases a judge or jury may also award punitive damages intended to punish defendants for extreme negligence.

Victims of birth injuries should have a New York attorney familiar with these kinds of claims. They can investigate and collect evidence to prove a case of negligence or negotiate a settlement or even go to court if needed. In some cases an accused party may try to dismiss a suit by asserting that the time limit has expired. A lawyer will be able quickly determine whether this is the case. If the matter involves public hospitals which are managed by local, state, or federal government the possibility of a separate, and shorter statute of limitations could be in place.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and the facts of the medical malpractice case. They can also offer expert or professional opinions and conclusions to help them make the right decision. They are allowed to do this because their knowledge and expertise is more precise and reliable than that of the average person or one who has no medical education.

A legal representative may retain an expert witness to look over medical records, provide a testimony, and assist the lawyer in preparing the case. The expert would sign an affidavit, and then testify in court. An expert could be a hospital employee, health care professional from the defendant's institution or an outsider.

An expert's testimony should reflect the current state of medical knowledge at the time of event in the case. The expert should not condemn or accept the practice as a whole within generally accepted standards of practice. Experts should be willing to provide deposition transcripts as well as courtroom testimony to be reviewed by a peer. They should not enter into contracts where the fees for their expert testimony are excessively expensive in comparison to the time and effort involved.

Parents of children suffering from a severe birth injury may be able to claim damages for the future medical care the child will require, in addition to any past expenses they have already paid for the care of the child. An experienced attorney can determine whether negligence was involved in the child's birth injury and can secure compensation to reduce the financial burden for families.