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Birth Injury Litigation

Birth injuries can cause severe disabilities that can negatively impact the quality of life of your child. Medical treatments can be expensive and lengthy.

A competent lawyer will file your birth injury lawsuit as well as investigate the incident, gather evidence, create an argument for negligence and also represent you in settlement negotiations or at trial in the event of a trial.

Settlements

In the majority of medical malpractice lawsuits, the plaintiff and defendant reach an agreement prior to the case is even tried. Both parties are able to avoid the costly and stressful court fees and receive compensation for the plaintiff. If a trial is not feasible, a jury determines whether the defendants are liable to pay compensation and in what amount.

The first step to receiving financial compensation for a birth injury in your child is proving the doctor who delivered your baby had an established professional relationship with you, and that he breached this obligation during the birthing process. You can prove this by using medical documents and hospital invoices. Your lawyer will also have to find evidence that shows the breach was responsible for your child's injuries.

Once you have this evidence, your lawyer will submit a demand package to the defendants' malpractice insurance carriers. The document contains a letter detailing your child's injuries, along with supporting documentation. The malpractice insurance company will look over the request and decide whether to accept or deny it. If the demand is denied, your lawyer will file suit.

In the event of a successful birth injury lawsuit Your attorney might suggest placing some of the settlement or award in a special needs trust. This will permit your child to access funds in the future to fund things like medicine physical therapy, home modifications.

Trials

In certain instances, lawyers will try to reach a settlement to resolve the matter without having to go to court. A settlement is an agreement in writing that settles a dispute and pays compensation to the plaintiff.

An attorney's team will seek evidence to prove that medical experts didn't adhere to a strict standard of care and triggered an injury. Lawyers representing the defendants will collect evidence on their own to prove the allegations. The attorneys will meet to negotiate an agreement. If a settlement is not reached, the case will go to court.

The trial process could take months, or years to be completed. Plaintiffs can be afflicted with pain, stress and danger as they revisit their child's birth injury trauma. The winner could receive a substantial amount. However, a losing party could appeal the decision.

A birth injury lawyer with experience can make a significant difference in your case. A legal professional can ensure the best possible outcome through each stage of the litigation process, from writing the demand letter, to filing the lawsuit, discovery, settlement negotiations and trial or, should it be necessary, appeals. They can assist you in obtaining the life-changing amount of compensation your family requirements. A lawyer can also provide an expert witness network to back 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 that they must follow during procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed when evidence is still available and witnesses' memories remain fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed can be dismissed even in the event that it has a solid legal basis.

For victims of birth injuries the statute of limitations may be especially important. A successful case can result in compensation for the victim's current and future medical expenses as well as lost wages due to working less to care for their child, and emotional stress. In certain cases, the judge or jury may also award punitive damage to punish defendants who have demonstrated extreme negligence.

A New York attorney who is familiar with birth injury claims should represent victims. They can investigate the incident and gather evidence, make a case for negligence, and reach a settlement or go to trial if necessary. In certain situations, a defendant might attempt to dismiss a lawsuit by claiming that the statute of limitations has run out. A lawyer will be able to quickly determine when this is the case. If the case involves public hospitals, which are operated by local, state or federal authorities the possibility of a separate, and much shorter statute of limitations could be in place.

Expert Witnesses

In a medical malpractice case, experts are able to help jurors and judges understand the evidence and the facts of the case. They also offer expert or specialized opinions that help the jury make a decision. They can do this because their experience and expertise is more precise and reputable than an average person or someone with no medical background.

A lawyer can engage an expert witness to examine medical records, provide an account and assist the lawyer with the case. The expert will sign an affidavit and then testify in court. An expert could be an employee of the defendant's hospital or health care system, or an individual outside that institution.

The expert's testimony must reflect the current state of medical knowledge in the case at the time. Experts should not rebuke performance that falls within the generally accepted standards of practice or condone performance that is outside of the standards. Experts should be prepared to provide deposition transcripts as well as courtroom testimony to be reviewed by a peer. They should not sign any contracts where the fees for expert testimony are excessively high compared to their time and effort.

Parents of a child that has suffered a severe birth injury attorney trauma may seek damages to pay for the future expenses they'll be liable to care for their child, as well as any expenses that have been that they have incurred. A lawyer who stands by his word will determine if negligence was responsible for a child's birth injury and seek compensation to ease a family's financial burden.