Gentrybagge5224

Birth Injury Litigation

Birth injuries can lead to severe disabilities that could affect the quality of life of your child. The medical treatments they require can be expensive and lengthy.

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

Settlements

In 90% of medical malpractice cases, the plaintiff and defendant reach a settlement prior to the case goes to trial. This lets both parties avoid the burdensome and costly court fees, and it gives the plaintiff a guarantee of compensation. If a trial is not possible, a jury can decide whether the defendants are liable to pay compensation and what amount.

The first step to receive the financial compensation you deserve for your child's birth injury is proving that the doctor you hired to deliver your baby was in an official relationship with you, and he violated the duty of care during the birthing process. This can be accomplished using medical records and hospital bills. Your lawyer will have to find evidence that the breach led to the injury to your child.

Once you have the evidence, your attorney will submit a package of demands to the malpractice insurance carriers of the defendants. This document includes a detailed letter that outlines the child's injuries along with supporting documents. The malpractice insurer will look over the request and decide whether to accept it or reject it. If the demand is rejected, your lawyer will make a claim.

In the event of the outcome of a successful lawsuit for birth injuries, your attorney may recommend placing the proceeds of your settlement or award into a special trust for children with disabilities. This will enable your child to use the funds for things such as medicine and physical therapy as well as home modifications.

Trials

In certain instances, lawyers will try for a settlement in order to resolve the matter without a court appearance. A settlement offers the plaintiff with financial compensation and results in an official agreement that concludes the case.

A lawyer's team will collect evidence to prove medical professionals didn't meet a high standard of care and caused an injury. Lawyers for defendants also gather their own evidence to disprove claims. The attorneys will meet to negotiate the terms of a settlement. If a settlement isn't reached, the case will be taken to the court.

The trial process could take months or years to be completed. Plaintiffs might be afflicted with pain, stress and risk as they relive their child's birth injury trauma. The winning side could receive a large settlement. However, a losing party may appeal the decision.

A knowledgeable birth injury lawyer can make all the difference in your case. A lawyer can assist you to achieve the best possible outcome throughout the litigation process. From drafting the demand letters, to filing the lawsuits, discovery, settlement negotiation, trial, or appeals when necessary a lawyer will ensure the highest possible outcome. They can help you get an award that will change your life for your family's needs. A lawyer can also provide a network of expert witnesses to back your claim. The legal team at Lipsitz Green will investigate the case to determine what transpired and fight for fair settlement.

Statute of limitations

Medical professionals have their own set of rules to adhere to when performing procedures. This includes the statute of limitation which specifies a deadline for filing lawsuits. This limit is set to ensure that claims are filed as long as physical evidence remains available and the memories of witnesses are fresh. Even if the lawsuit is based on a solid legal foundation the case can be dismissed if it is filed after the statute of limitations has expired.

For birth injury victims the statute of limitation is particularly important. A successful claim may provide compensation for current and future medical costs loss of wages due to the inability to work in order to care for the child, as well as emotional anxiety. In some cases a judge or jury may also award punitive damages intended to punish defendants for extreme inattention to detail.

The victims of birth injuries should have an New York attorney familiar with these kinds of claims. They are able to investigate the incident and gather evidence, present an argument for negligence and settle the case or go to trial if needed. In certain situations the defendant may attempt to dismiss a case by saying that the statute of limitations has run out. A lawyer can determine quickly whether this is the case. If the case involves a public health facility that is operated by local government agencies, whether federal or state-based in a different and possibly shorter statute of limitations may be in effect.

Expert Witnesses





Expert witnesses can assist juries and judges better understand the evidence and facts of the medical malpractice case. They may also provide expert or professional opinions and inferences to help them make the right decision. They are able to do so because their knowledge is more reliable and detailed than that of a layperson or someone without medical training.

A legal representative can retain an expert witness to examine medical records, provide an account and assist the lawyer in putting together the case. The expert would sign an affidavit, and then be able to testify in court. An expert could be an employee of the defendant's hospital or health care system, or a person outside of the institution.

The expert's testimony should reflect the current medical knowledge at the time. The expert should not denigrate or condone performance within the generally accepted standards of practice. Experts should be prepared and able submit transcripts of depositions and courtroom testimony to their peers to be reviewed. birth injury lawsuit should not be a part of contracts where the fees for expert testimony are excessively high compared to their time and efforts involved.

Parents of children who has suffered a serious birth injury can claim damages for the future care that their child will require as well as past expenses they have already paid for the care of the child. A lawyer who stands by his word can determine if negligence responsible for a child's birth injury, and then seek compensation to ease the family's financial burden.