Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact your child's quality of life. The medical treatment they require can be costly and long.

A competent lawyer can bring a birth injury lawsuit as well as investigate the incident, gather evidence, present the case for negligence, and represent you during settlement negotiations or at trial in the event of a trial.

Settlements

In over 90% of medical malpractice cases, plaintiffs and defendants come to an agreement to settle the case prior to the case going to trial. Both parties can avoid the costly and stressful court costs and receive compensation for the plaintiff. If a trial is not possible, a jury decides whether the defendants are accountable to pay compensation and what amount.

The first step to receive financial compensation for a birth injury in your child is to prove the doctor who delivered your baby had an established professional relationship with you, and that he violated this duty during the birthing process. This can be accomplished through medical documents and hospital bills. Your lawyer will also need to find evidence that shows the breach caused the injuries of your child.

If you have the evidence, your lawyer will submit an order package to defendants' malpractice insurance carriers. This document includes a letter detailing the child's injuries as well as supporting documentation. The malpractice insurer will review the demand and either accept or deny it. If the demand is rejected then your lawyer will file a lawsuit.

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 enable your child to access future funds for things such as medicine or physical therapy as well as home modifications.

Trials

In some cases, attorneys will attempt to find a solution to the issue before taking it to court. A settlement is a formal agreement that resolves the matter and also provides compensation to the plaintiff.

An attorney's team will collect evidence to prove medical professionals didn't meet a certain standard of care and caused injury. Lawyers for defendants will also gather their own evidence to prove the claims. The attorneys will meet to negotiate the terms of a settlement. If no settlement can be reached the case will be sent to trial.

The trial process could be lengthy or take years to be completed. It can be stressful, risky and painful for plaintiffs as they relive the trauma of their child's birth injury law firms trauma. The winner could receive a substantial amount. A losing party may appeal the decision.

A skilled lawyer for birth injuries can make all the difference in your case. A lawyer can assist you to obtain the best outcome at every stage of the litigation process. From the creation of demand letters to filing lawsuits and discovery, settlement negotiations, trial, or appeals should they be required, a legal professional will ensure the best possible outcome. They can help you obtain compensation that will transform your life and that of your family members. A lawyer can also provide a network of expert witnesses to support your claim. The legal team at Lipsitz Green will investigate your case to determine the reason for the injury occurred and fight for fair compensation.

Statute of limitations

Medical professionals have their own set of rules they must adhere to when conducting procedures. This includes the statute of limitations which specifies a deadline for filing lawsuits. This limit is set to ensure that claims are filed while evidence in the physical remains and witnesses' memories are fresh. A lawsuit filed after the time limit has expired will be dismissed even if it has a strong legal basis.

For victims of birth injuries the statute of limitation is particularly important. A successful lawsuit can offer compensation for the victim's present and future medical expenses or lost wages as a result of having to work in order to care for their child, and emotional stress. In certain instances, the juror or judge could also award punitive damages to punish defendants who have displayed extreme negligence.

A New York attorney who is well-versed in birth injury claims should represent victims. They can investigate the incident, gather evidence, create an argument for negligence and negotiate a settlement or go to trial if necessary. In certain instances the defendant could try to dismiss a lawsuit claiming that the statute of limitations is over. A lawyer will be able determine quickly if this is the situation. If the case involves a public hospital, which are operated by local government agencies, whether federal or state-based the possibility of a separate and shorter time limits for statute of limitations could be in effect.

Expert Witnesses

In the case of medical malpractice, expert witnesses can assist jurors and judges understand the evidence and the facts of the case. They may also provide expert or specialized opinions and conclusions to help them make the right decision. They are allowed to do so because their knowledge is more reliable and thorough than those of a layperson or someone with no medical training.

A lawyer may hire an expert witness to look over medical records, offer a testimony, and aid the lawyer in putting together the case. The expert will sign an affidavit, and then testify in court. An expert can be a hospital employee, health care professional at the defendant's facility or an outsider.

The expert's report must reflect the current medical knowledge at the time of the hearing. The expert should not condemn or excuse any action that is not in line with generally accepted standards of practice. Experts should be prepared and able to provide transcripts of depositions or courtroom testimony to their peers to be reviewed. They should not be a part of contracts where the fees for expert testimony are too expensive compared to the time and effort.

Parents of children suffering from a severe birth injury can seek compensation for future medical care their child will require, and also for past expenses they have already paid for the care of the child. A lawyer who is committed will determine if negligence was the cause of a child's birth injury and obtain compensation to ease a family's financial burden.