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Birth Injury Litigation

Birth injuries can cause serious disabilities and can affect the quality of life of your child. Medical treatments can be costly and take a long time.

A competent lawyer can file your birth injury lawsuit, investigate the incident and gather evidence, build an argument for negligence and represent you during settlement negotiations or at trial should it be necessary.

Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants reach an agreement to settle the case before going to trial. Both parties will avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial isn't feasible, a jury will decide whether the defendants are responsible to compensate the plaintiff and how much.

The first step to receive financial compensation for your child's birth injury is proving that the doctor you hired to deliver your child had a an established professional relationship with you, and he violated that duty during the birthing process. This can be accomplished through medical records and hospital bills. Your lawyer will need to gather proof that the breach led to the injury to your child.

Once you have this evidence the lawyer will then submit an order package to defendants' malpractice companies. This document includes a letter detailing the injury suffered by your child as well as supporting documentation. The malpractice insurer will examine the request, and either decide whether or not to accept it. If the demand is rejected by your lawyer, they will file a lawsuit.

If you are the victim of a successful birth injury lawsuit Your attorney might suggest placing part of your settlement or award in a special trust for children with disabilities. This will allow you to grant future funds to your child for things like physical therapy, medicine and home modifications.

Trials

In some cases lawyers may try for a settlement in order to resolve the matter without a court appearance. Settlements offer an amount of money to the plaintiff and results in an official agreement that concludes the case.

An attorney's team will seek evidence to show that medical professionals did not adhere to a high standard of care and triggered an injury. Lawyers representing the defendants will gather evidence of their own to counter assertions. The attorneys will then meet with each other to discuss an amount for settlement. If a settlement is not reached, the case will be taken to the court.

The trial process can take months or even years to complete. Plaintiffs might be afflicted with pain, stress and anxiety as they try to relive their child's birth injury trauma. The winner could receive an award of a significant amount. A party that loses the appeal can appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can assist you to get the best possible result throughout the litigation process. From drafting the demand letters to filing the lawsuits and discovery, settlement negotiations and appeals, as well as trials If necessary, a legal professional can ensure the most favorable outcome. They can assist you in getting life-changing compensation for your family's needs. A lawyer can also help you establish a experts to support 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

Medical professionals have their own set of rules to adhere to during procedures. This includes the statute of limitations which sets a deadline for filing lawsuits. This limitation is designed to ensure that claims can be filed when evidence is still accessible and witnesses' memories are fresh. A lawsuit filed after the statute of limitations has expired can be dismissed even if it has a strong legal basis.

For birth injury victims the statute of limitation can be crucially important. A successful case could result in the compensation needed for future and ongoing medical expenses, lost wages from missing work in order to care for the child, and emotional stress. In some cases a judge or jury may also award punitive damages intended to punish defendants for committing a serious negligence.

A New York attorney who is familiar with birth injury claims is required to represent the victims. They can investigate the incident and gather evidence, present an argument for negligence, and reach a settlement or go to trial if necessary. In certain instances there is a possibility that a defendant will attempt to dismiss a case by arguing that the time limit has expired. A lawyer will be able to determine quickly if this is the situation. If the case involves a public health facility that is managed by local government, state or federal authorities in a different and possibly shorter time-limits could be in effect.

Expert Witnesses

Expert witnesses can help juries and judges comprehend the evidence and facts of a medical malpractice case. They can also provide specialized or professional opinions to assist jurors to make a decision. They are able to do this because their knowledge and expertise is more specific and reliable than a layperson or someone who has no medical education.

Legal representatives can enlist an expert witness who will review medical records, give an opinion and help the lawyer with the case. The expert will sign an affidavit and then testify in court. An expert could be an internal employee of the defendant's hospital or health care system, or a person outside of the institution.

The expert's report must reflect the current medical knowledge at the time of the hearing. The expert should not denigrate or condone the performance of a physician within generally accepted standards of practice. Experts should provide deposition transcripts as well as courtroom testimony for peer review. They should not sign contracts that state that the costs for expert testimony are too expensive in comparison to the time and effort.

Parents who have a child who has suffered a serious birth injury may be able to seek damages for the future medical care the child will require as well as past expenses they have already paid to provide care for the child. A reliable lawyer can determine if negligence caused the child's injury at birth and obtain compensation that will help ease the financial burden of families.