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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 could be costly and long.

A reputable lawyer can bring a birth injury lawsuit as well as investigate the incident, gather evidence, build an argument for negligence and represent you during settlement negotiations or in court should it be necessary.

Settlements

In 90% of medical malpractice cases, the plaintiff and defendant reach a settlement prior to the case is heard. Both parties will avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial cannot be reached, a jury will determine whether the defendants owe plaintiff any compensation and the amount of amount they have to pay.

The first step to receive the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your baby was in an official relationship with you and violated the duty of care during the birthing process. This can be accomplished through medical documents and hospital bills. Your lawyer must collect evidence that the breach caused your child's injuries.

Once you have the evidence, your lawyer will present a complete set of demands to the malpractice insurance carriers of the defendants. This document includes a detailed letter that describes the injuries your child sustained and the supporting documents. The malpractice insurer will go through the request and either take it up or reject it. If the demand is rejected the lawyer will start a lawsuit.

In the event of the outcome of a successful lawsuit for birth injuries Your attorney might suggest placing part of your settlement or award in a special trust for children who require special. This will permit you to make future payments to your child to cover things like physical therapy, medication, and home modifications.

Trials

In some instances lawyers will attempt for a settlement in order to settle the issue without going to court. birth injury lawyers is an agreement formalized that resolves a case and provides compensation to the plaintiff.

A team of lawyers will collect evidence to prove that medical professionals failed to meet the highest standards of care and caused injury. The lawyers representing the defendants will also gather their own evidence to refute the claims. The attorneys will then meet with one and negotiate a settlement amount. If a settlement cannot be reached, the case will be taken to the court.

The trial process can take months or years to take to. It can be a stressful, risky and painful for plaintiffs who have to relive the trauma of their child's birth trauma. The winning side may be awarded a substantial verdict. A losing party may appeal the decision.

A birth injury lawyer who has experience can make a huge difference in your case. A legal professional can help you get the best outcome at every step of the litigation process, from drafting the demand letter, to filing the lawsuit or discovery, negotiation of settlement and trial, or when necessary, appeals. They can help you get compensation that will transform your life and that of your family. A lawyer can also offer an expert witness network to support your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for a fair settlement.

Statute of Limitations

The medical profession has its own set of rules to be adhered to in all procedures. This includes the statute of limitation that sets a time limit for filing lawsuits. This limit is meant to ensure that claims can be filed while evidence is still accessible and witnesses' memories are still fresh. Even if a lawsuit has an established legal foundation the case is dismissed if it is filed after the statute of limitations has expired.

The time limit for filing a claim can be important for victims of birth injuries. A successful lawsuit could provide compensation for future and current medical expenses, lost wages from missing work to care for the child, and emotional stress. In certain circumstances, a jury or judge may also award punitive damages to punish defendants who have shown the most reckless of 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 make a case of negligence, negotiate a settlement, or take the case to court if needed. In certain instances the defendant may attempt to dismiss a lawsuit by saying that the time limit has expired. A lawyer should be able quickly determine if 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 shorter time limit could be in place.

Expert Witnesses

In the event of a medical malpractice case expert witnesses help jurors and judges to understand the evidence and the facts in the case. They can also offer expert or professional opinions and inferences to help them make the right decision. They are allowed to offer their opinions because their expertise is more reliable and detailed than that of a layperson, or someone who has no medical education.

Legal representatives can hire an expert witness to review medical records, provide a testimony, and aid the lawyer in putting together the case. The expert would sign an affidavit, and then be able to testify in the court. An expert could be an internal employee of the defendant's hospital or health care system, or an individual outside of the institution.

The expert's testimony 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 practice standards or condone performance that is outside of those standards. Experts should be willing and able to send transcripts from depositions or courtroom testimony to their peers to be reviewed. They should not sign agreements where the fees for their expert testimony are excessively high in relation to the time and effort.





Parents of children who has suffered a serious birth injury may seek compensation for the future care that their child will require, and for any previous costs they've already paid for the care of the child. A determined attorney can determine whether negligence was the cause of the child's injuries at birth and can secure compensation to help ease the financial burden of the family.