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Birth Injury Litigation

Birth injuries can lead to serious disabilities and affect the quality of life for your child. The medical treatment they require can be costly and long.

A good lawyer can start a lawsuit for birth injuries, investigate the incident and gather evidence, build the case for negligence, and also represent you in settlement negotiations or at trial should it be necessary.

Settlements

In more than 90 percent of medical malpractice cases, plaintiffs and defendants agree to an agreement to settle the case prior to going to trial. This helps both parties avoid expensive and stressful court costs, and also gives the plaintiff a guarantee of a fair settlement. If there is no trial, a jury will determine whether the defendants owe plaintiff compensation and how much they must pay.

The first step to receiving financial compensation for a birth injury in your child is to prove the doctor who delivered your baby had a professional relationship with you, Birth Injury Litigation and that he violated this obligation during the birthing procedure. This can be accomplished using medical records and hospital bills. Your lawyer will also have to establish that the breach caused your child's injuries.

If you have evidence, your lawyer will send a set of demands to the malpractice insurers of the defendants. The document will include a detailed letter that describes the injuries your child sustained along with any supporting documents. The malpractice insurance company will review the request, and either accept or reject it. If the demand is rejected your lawyer will file suit.

In the event of a successful birth injury legal injury lawsuit the attorney you consult with may recommend placing a portion of your settlement or award in a special needs trust. This will permit you to give future funds to your child for things such as physical therapy, medication, and home modifications.

Trials

In certain cases, attorneys may try to reach an agreement to settle the issue before taking it to court. A settlement provides an amount of money to the plaintiff and ends in an official agreement that resolves the matter.

A lawyer's team will collect evidence to prove medical professionals did not adhere to a high standard of care, causing an injury. Lawyers for defendants will also collect their own evidence in order to refute allegations. The attorneys will then meet one and negotiate an amount for settlement. If no settlement can be reached the case will be sent to trial.

The trial process could be lengthy or take years to complete. It can be stressful, risky, and painful for plaintiffs who have to relive the trauma of their child's birth injury compensation trauma. The winning party could win a large award. But, a party that loses may appeal the decision.

A birth injury lawyer who has experience can make all the difference in your case. A lawyer can guarantee the best result at every stage of the litigation process, from drafting the demand letter, to filing the lawsuit, discovery, settlement negotiations and trial, in the event of an appeal, if necessary. They can help you get the life-changing amount of compensation your family requirements. Lawyers can also provide experts 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 to follow when performing procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limit is set to ensure that claims are filed when physical evidence remains available and witnesses' memories are fresh. Even if the suit has an established legal foundation the case is dismissed if it is filed after the statute has expired.

For victims of birth injuries the statute of limitation may be especially important. A successful case can result in compensation for the victim's present and future medical expenses, lost wages due to being away from work to take care of their child, as well as emotional distress. In certain cases, the juror or judge could also award punitive damages to punish defendants who have demonstrated the most reckless of negligence.

Birth injuries victims should have a New York attorney familiar with these types of claims. They are able to investigate the incident and gather evidence, create a case for negligence, and seek a settlement or Birth Injury litigation go to trial if needed. In certain situations an accused party may try to dismiss a lawsuit asserting that the statute of limitations has run out. A lawyer will be able to determine quickly if this is the situation. If the case involves public hospitals, which are managed by local, state, or federal government the possibility of a separate, and much shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and the facts of a medical malpractice case. They may also offer professional or expert opinions that help the jury to make a decision. They are allowed to do so because their knowledge is more reliable and detailed than those of a layperson or someone with no medical training.

A legal representative can retain an expert witness to examine medical records, provide an opinion and help the lawyer to put together the case. The expert witness would then sign an affidavit, and testify in court about their findings. An expert could be an internal employee of the defendant's hospital, health care system, or someone outside that institution.

The expert's testimony should reflect the current state of medical knowledge in the case at the time. Experts should not denounce performance that falls within generally accepted practice standards, nor should they support performance that is outside of those standards. Experts should be prepared and able to send transcripts of depositions or courtroom testimony to peers to be reviewed. They should not sign contracts in which the fees for their expert testimony are disproportionately high relative to their time and effort involved.

Parents of children with a severe birth injury can claim damages for the future medical care their child will require as well as past expenses they have already incurred to provide care for the child. A lawyer who stands by his word will determine if negligence was at play in the birth injury and obtain compensation to ease a family's financial burden.