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Birth Injury Litigation

Birth injuries can result in serious disabilities that can affect the quality of life of your child. The medical treatments they require could be expensive and lengthy.

A good lawyer will file your lawsuit for birth injury, investigate the incident, collect evidence, and make an argument of negligence. They can also represent you at settlement negotiations or in court if necessary.

Settlements

In the majority of medical malpractice lawsuits the plaintiff and defendant negotiate a settlement before the case is even tried. Both parties will avoid costly and stressful court fees and receive compensation for the plaintiff. If there is no trial the jury will decide if the defendants owe the plaintiff any compensation and the amount of amount they have to pay.

The first step in obtaining the financial compensation your child deserves for his birth injury is proving that the doctor you hired to deliver your child had a an established professional relationship with you and violated the duty of care during the birthing procedure. This can be done by using medical records and hospital invoices. Your lawyer will also have to establish that the breach resulted in your child's injuries.

If you have the evidence, your lawyer will submit an offer to the plaintiffs' malpractice insurers. The document contains a letter detailing the injuries suffered by your child, along with supporting documentation. The malpractice insurer will look over the request and decide whether to accept or reject it. If the demand is rejected, your lawyer will bring a lawsuit.

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

Trials

In certain instances, lawyers will try to reach a settlement to resolve the matter without having to go to court. Settlements offer the plaintiff with financial compensation and ends in an official agreement that settles the case.

A team of attorneys will gather evidence to prove that medical professionals failed to meet a high level of care and caused injuries. The lawyers representing the defendants will also collect evidence to counter the claims. The attorneys will then meet with each other to negotiate the amount of settlement. If a settlement cannot be reached, then the case will go to court.

The trial process can take months or years to take to. Plaintiffs might be afflicted with pain, stress and even risk when they recall the trauma of their child's birth. The winning party could be awarded a huge verdict. A losing party can appeal the decision.

A knowledgeable birth injury lawyer can make all the difference in your case. Legal professionals can guarantee the best outcome at every stage of the litigation process, from writing the demand letter, to filing the lawsuit as well as settlement negotiations, discovery and trial, or if needed, appeals. They can help you receive compensation that can change your life as well as the lives of your family. A lawyer can also provide experts to prove your claim. The legal team at Lipsitz Green will investigate your claim to determine how the injury occurred and fight for fair compensation.

Statute of Limitations

The medical profession has its own set of rules to be adhered to during procedures. These include the statute of limitations which imposes a time limit for filing lawsuits. This limit is intended to ensure that claims can be filed while evidence is still available and witnesses' memories are fresh. Even if a lawsuit has a solid legal foundation it will be dismissed if it's filed after the statute of limitations has expired.





For birth injury victims the statute of limitations is particularly important. A successful claim could result in compensation for the victim's present and future medical expenses or lost wages as a result of being away from work to take care of their child, as well as emotional stress. In certain cases the judge or jury will also award punitive damages to punish defendants for extreme carelessness.

The victims of birth injuries should have a New York attorney familiar with these types of claims. They can investigate the incident and gather evidence, present a case for negligence and seek a settlement or go to trial if necessary. In some instances there is a possibility that a defendant will attempt to dismiss a case by claiming that the statute of limitations has expired. birth injury attorneys will be able to determine quickly when this is the case. If the case involves a public hospital, which are operated by local or federal government in a different and possibly shorter statute of limitations could be in effect.

Expert Witnesses

In a medical malpractice case, expert witnesses can assist jurors and judges understand evidence and facts in the case. They may also provide expert or specialized opinions and inferences to assist them in making an informed decision. They are permitted to do this because their knowledge is more reliable and precise than that of a layperson or someone who has no medical education.

A lawyer can engage an expert witness who will examine medical records, provide an opinion and help the lawyer with the case. The expert will sign an affidavit, and then give evidence in court. An expert could be an employee of the defendant's hospital, health care system, or an individual outside that institution.

The expert's testimony should reflect the current state of medical knowledge available at the time. The expert should not denigrate or excuse any action that is not in line with generally accepted standards of practice. Experts should be prepared and able to provide transcripts from depositions or courtroom testimony to their peers to be reviewed. They should not enter into agreements where the fees for their expert testimony are inordinately high relative to their time and effort involved.

Parents of a child that has suffered a serious birth trauma may seek damages to cover the costs they'll incur to care for their child, as well as any previous expenses that have been that they have incurred. A lawyer who is committed can determine if negligence responsible for a child's birth injury and secure compensation to ease the family's financial burden.