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Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact 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 injury, investigate the incident, collect evidence, and then make an argument for negligence. They may also represent you at settlement negotiations or in court if needed.

Settlements

In the majority of medical malpractice cases, the plaintiff and defendant reach an agreement before the case is even tried. This allows both parties to avoid the burdensome and costly court fees, and it provides the plaintiff with a guarantee of compensation. If a trial cannot be reached, a jury will decide if the defendants owe the plaintiff compensation and how much money they should pay.

The first step in obtaining financial compensation for birth injuries in your child is to prove the doctor who delivered your baby had an established professional relationship with you and that he did not fulfill this duty during the birthing procedure. You can prove this by using medical documents and hospital invoices. Your lawyer will need to prove that the breach caused the injury to your child.

Once you have this evidence, your lawyer will submit a demand form to the defendants' malpractice insurance carriers. The document will include a detailed letter that describes the injuries your child sustained as well as supporting documents. The malpractice insurance company will go through the request and either take it up or reject it. If the demand is rejected then your lawyer will make a claim.

If you are the victim of the outcome of a successful lawsuit for birth injuries your lawyer may suggest placing a portion of your settlement or award into a special trust for children who require special. 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 cases lawyers will try to negotiate a settlement to settle the issue without going to court. A settlement is an agreement formalized that resolves a case and provides compensation to the plaintiff.

A team of attorneys will gather evidence to show that medical professionals did not provide the requirements for a high standard of care, causing injury. Lawyers representing the defendants will collect evidence on their own to disprove allegations. The attorneys will meet to discuss the terms of a settlement. If a settlement is not reached, the case will go to court.

The trial process can take a long time to be completed. It can be stressful, dangerous and painful for plaintiffs as they go through the trauma of their child's birth injuries. The winner could receive an award of a significant amount. The losing party can appeal the decision.

A skilled birth injury law firms injury lawyer can make a huge 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 or discovery, settlement negotiations or appeals when necessary a lawyer will ensure the best possible outcome. They can help you receive compensation that will transform your life and the lives of your family. A lawyer can also provide experts to back your claim. The legal team at Lipsitz Green will investigate your case to determine how the injury occurred and fight for fair compensation.

Statute of Limitations

The medical profession has its own set of rules to be adhered to in all procedures. These include the statute of limitations that imposes a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed while physical evidence remains available and witnesses' memories are fresh. Even if the lawsuit has a solid legal foundation, it can be dismissed if it is filed after the statute has expired.

The time limit for filing a claim can be crucial for birth injuries. A successful case could result in the right to compensation for future and present medical expenses, lost wages from missing work to care for the child, as well as emotional distress. In certain cases, the judge or jury could also award punitive damage to punish defendants who have shown an extreme lack of care.

Birth injuries victims should have an New York attorney familiar with these kinds of claims. They can investigate and gather evidence to prove a case of negligence, negotiate a settlement, or take the case to court if required. In some cases the defendant might try to dismiss a lawsuit claiming that the statute of limitations has run out. A lawyer should be able quickly determine whether this is the case. If the matter involves a hospital that is public, which are operated by local or federal government there could be separate and shorter time-limits could be in effect.

Expert Witnesses

In the event of a medical malpractice case expert witnesses help jurors and judges comprehend the evidence and the facts in the case. They can also offer specialized or professional opinions that help the jury make a decision. They are permitted to do so because their expertise is more reliable and detailed than those of a layperson or someone without medical training.

A lawyer can engage an expert witness who will review medical records, give an account and assist the lawyer with the case. The expert would sign an affidavit, and then be able to testify in the court. An expert can be a hospital employee or health care provider at the institution of the defendant or an outsider.

The expert's testimony should reflect the current state of medical knowledge available at the time of the hearing. The expert should not denounce or condone performance within the generally accepted guidelines of practice. Experts should be willing and able to provide transcripts of depositions and courtroom testimony to their peers to be reviewed. They should not sign any contracts where the fees for expert testimony are too high compared to their time and efforts involved.

Parents who have a child who suffers a serious birth injury can claim damages for the future medical care the child will require, and also for past expenses they have already incurred to care for the child. A steadfast lawyer can determine if negligence was involved in the child's birth injury and secure compensation that can ease the financial burden on a family.