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Birth Injury Litigation

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

A competent lawyer will file your lawsuit for birth injury, conduct an investigation into the incident, collect evidence, and then make an argument for negligence. They can also represent you at settlement negotiations or in court, if required.

Settlements





In 90% of medical malpractice lawsuits, the plaintiff and defendant reach a settlement prior to the case is even tried. This helps both parties save money and stress-inducing court costs, and also gives the plaintiff a promise of a fair settlement. If a trial is not possible, a jury decides whether the defendants are liable to pay compensation and what amount.

The first step towards receiving financial compensation for a birth injury for your child is to establish that the doctor who gave birth to your baby had a professional relationship with you, and that he did not fulfill this duty during the birthing process. This can be done with medical documents and hospital bills. Your lawyer must gather proof that the breach led to the injuries to your child.

If you have the evidence and your lawyer has it, they will send a demand form to the defendants' malpractice companies. This document includes a detailed letter that outlines the child's injuries along with supporting documents. The malpractice insurance company will look over the request and decide whether to accept or deny it. If the demand is rejected the lawyer will bring a lawsuit.

Your lawyer could suggest that, in the event of a successful lawsuit for birth injury, a portion of the settlement or award is put into a special needs fund. This will permit your child to use the funds for things such as medicine physical therapy, home modifications.

Trials

In certain instances lawyers will attempt to reach a settlement to resolve the matter without a court appearance. A settlement provides an amount of money to the plaintiff and leads to an official agreement that settles the matter.

A team of lawyers will gather evidence to prove that medical professionals did not provide the standards of care and aggravated injuries. Lawyers for the defendants will also gather their own evidence to counter the claims. The attorneys will then meet one other to discuss the amount of settlement. If a settlement is not reached, the case will be taken to court.

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

A birth injury lawyer who has experience can make a huge difference in your case. A lawyer can guarantee the best outcome at every stage of the litigation process, from the drafting of the demand letter to filing the lawsuit as well as settlement negotiations, discovery and trial, should it be necessary, appeals. They can help you get life-changing compensation for your family's needs. A lawyer can also offer experts to prove your claim. The legal team of Lipsitz Green will investigate the case to determine the cause and fight for fair compensation.

Statute of limitations

The medical profession has its own set of rules that must be adhered to during procedures. This includes the statute of limitation, which sets a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed while physical evidence remains available and the memories of witnesses are fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed is dismissed even when it has a solid legal basis.

For birth injury victims the statute of limitations can be crucially 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 some cases, a jury or judge will also award punitive damages intended to penalize defendants who have committed a grave inattention to detail.

Victims of birth injuries must have an New York attorney familiar with these kinds of claims. They can conduct an investigation and gather evidence to support a claim of negligence, negotiate a settlement, or go to court if needed. In some cases the defendant could try to dismiss a lawsuit by claiming that the statute of limitation has run out. A lawyer will be able determine quickly whether this is the case. If the case involves public hospitals which are operated either by the state, local or federal government, a separate and possibly much shorter statute of limitations could be in place.

Expert Witnesses

Expert witnesses can assist juries and judges comprehend the evidence and the facts of a medical malpractice case. birth injury attorneys can also offer specialized or professional opinions and conclusions to help them make an informed decision. They are able to make this claim because their knowledge and expertise is more detailed and reputable than an average person or someone who has no medical training.

Legal representatives can enlist an expert witness who will examine medical records, provide testimony and assist the lawyer to put together the case. The expert will then sign an affidavit and testify in court regarding their findings. An expert could be an employee of the defendant's hospital or health care system, or someone who is not associated with the institution.

The expert's testimony must reflect the current medical knowledge available at the time of the hearing. Experts should not denounce performance that falls within generally accepted practices or allow for performance that is in violation of those standards. Experts should provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign any contracts that state that the costs for expert testimony are too high in comparison to the time and effort.

Parents who have a child who has suffered a serious birth injury may seek damages for the future care that the child will require and for any previous expenses they have already paid for the care of the child. A steadfast attorney can determine if negligence was the cause of the child's injury during birth and can secure compensation to help ease the financial burden of the family.