Birth Injury Litigation

Birth injuries can cause severe disabilities that can negatively impact your child's quality of life. The medical treatments they require can be costly and time-consuming.

A reputable lawyer can file your birth injury lawsuit to investigate the incident, gather evidence, present the case for negligence, and assist you in settlement negotiations or at trial if needed.

Settlements

In a majority of medical malpractice lawsuits the plaintiff and defendant agree to a settlement prior to the case is heard. This lets both parties avoid costly and stressful court costs, and gives the plaintiff a guarantee of a fair settlement. If a trial isn't possible, a jury can decide whether the defendants have a duty to pay compensation and what amount.

The first step to receiving financial compensation for a birth injury for your child is to establish that the doctor who delivered your child had a professional relationship with you and that he breached this obligation during the birthing process. You can do this by using medical documents and hospital invoices. Your lawyer will also have to gather evidence that the breach led to the injuries of your child.

Once you have this evidence the lawyer will then submit an order package to defendants' malpractice carriers. This document includes a written statement detailing the injuries suffered by your child, together with the supporting documentation. The malpractice company will examine the request and either accept it or reject it. If the demand is rejected the lawyer will make a claim.

If you are the victim of a successful birth injury lawsuit, your attorney may recommend placing some of the settlement or award into a special trust for children with disabilities. This will permit your child to access future funds to fund things like medicine and physical therapy as well as home modifications.

Trials

In certain instances lawyers will attempt to negotiate a settlement to resolve the matter without having to go to court. Settlements provide the plaintiff with financial compensation and is a formal agreement that ends the matter.

A team of attorneys will gather evidence to show that medical professionals failed to meet the highest standards of care and caused injuries. Lawyers representing the defendants will also gather evidence to refute the claims. The attorneys will meet to discuss a settlement. If a settlement cannot be reached, then the case will be taken to the court.

The trial process can take months or even years to be completed. It can be 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 with experience can make all the difference in your case. A legal professional can ensure the best result at every step of the litigation process, from drafting the demand letter to filing the lawsuit, discovery, settlement negotiations and trial, when necessary, appeals. They can help you receive compensation that can change your life as well as the lives of your family members. A lawyer can provide you with a network of experts to help you with your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred and fight for fair compensation.

Statute of limitations

The medical profession has its own set of rules that must be followed when performing procedures. This includes 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 the suit has a solid legal foundation the case is dismissed if it is filed after the statute of limitations has expired.

The statute of limitations can be crucial for those suffering from birth injuries. A successful case can result in compensation for the victim's current and future medical expenses and lost wages resulting from working less to care for their child, and emotional stress. In certain instances, the judge or jury may also award punitive damages to punish defendants for an extreme lack of care.

A New York attorney who is adept at defending birth injuries is required to represent the victims. They can investigate the incident and gather evidence, present a case for negligence and reach a settlement or go to trial if necessary. In certain instances the defendant could try to dismiss a case claiming that the statute of limitation has expired. A lawyer will be able quickly determine when this is the case. If the situation involves a public hospital that is run by local government agencies, whether federal or state-based there could be separate and shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and facts of a medical malpractice case. They can also provide expert or professional opinions and inferences to help them make a decision. They are able to do so because their expertise is more reliable and thorough than those of a layperson or someone who has no medical education.

Legal representatives can enlist an expert witness to review medical records, give 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 who is not employed by the institution.

The expert's testimony should reflect the current state of medical knowledge at the time of the hearing. The expert should not criticize performance that falls within generally accepted practices or condone performance that is outside of the standards. Experts should be willing and able to submit transcripts of depositions and courtroom testimony to their peers for review. They should not enter into contracts where the fees for their expert testimony are inordinately high in relation to the time and effort involved.

Parents who have a child who suffers a serious birth injury may seek compensation for the future medical care the child will require, in addition to any past expenses they have already incurred to care for the child. A reliable lawyer can determine if negligence was involved in the child's injuries at birth and seek compensation to alleviate the financial burden of a family.