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Birth Injury Litigation

Birth injuries can lead to serious disabilities that can affect your child's quality of living. The medical treatments they require can be expensive and lengthy.

A reputable lawyer can make a birth injury lawsuit as well as investigate the incident, gather evidence, create the case for negligence, and assist you in settlement negotiations or in court if needed.

Settlements

In over 90% of medical malpractice cases, the plaintiffs and defendants agree to an agreement for settlement prior to going to trial. Both parties can avoid expensive and stressful court fees and receive compensation for the plaintiff. In the event that the trial is not able to be concluded the 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 your child's birth injury is proving that the doctor you hired to deliver your baby was in an official relationship with you and breached that obligation during the birthing process. This can be accomplished using medical documents and hospital bills. Your lawyer must prove that the breach led to your child's injuries.

If you have evidence, your attorney will submit a package of demands to the malpractice insurers of the defendants. The demand package will contain a comprehensive letter detailing the injuries suffered by your child along with supporting documents. The malpractice insurance company will look over the request and decide whether to take it or leave it. If the demand is denied then your lawyer will file suit.

If you are the victim of the outcome of a successful lawsuit for birth injuries your lawyer may suggest placing part of your settlement or award in a special needs trust. This will allow your child to have access to future funds for things like medicine, physical therapy and home modifications.

Trials

In some cases, lawyers will try to reach a deal to settle the issue without going to court. A settlement offers an amount of money to the plaintiff and is a formal agreement that ends the matter.

A team of attorneys will collect evidence to prove that medical professionals failed to meet the requirements for a high standard of care, causing injury. Lawyers for defendants also gather their own evidence to prove the assertions. The attorneys will meet to discuss the terms of a settlement. If a settlement cannot be reached, then the case will go to court.

The trial process can take months or years to be completed. Plaintiffs may be afflicted with pain, stress and anxiety as they try to relive the trauma of their child's birth. The winning party may receive a substantial amount. The losing side can appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can assist you to get the best possible outcome throughout the litigation process. From the creation of 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 help you obtain compensation that will transform your life as well as the lives of your family members. A lawyer can provide you with a network of experts to back your claim. The legal team at Lipsitz Green will investigate your claim to determine how 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 limitations, that imposes 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 filed after the time limit has expired will be dismissed even the case has a solid legal basis.

For birth injury victims the statute of limitations can be crucially important. A successful claim could result in compensation for the victim's current and future medical expenses or lost wages as a result of having to work in order to care for their child, and emotional distress. In certain circumstances, a judge or jury may also award punitive damages to punish defendants who have demonstrated extreme negligence.

A New York attorney who is experienced in birth injury attorney injury claims should represent victims. They can investigate the accident and collect evidence, build a case for negligence and reach a settlement or go to trial if needed. In certain instances there is a possibility for a defendant to dismiss a suit claiming that the statute of limitations has run out. A lawyer should be able quickly determine if this is the situation. If the case involves a public health facility that is operated by local government agencies, whether federal or state-based there could be separate and shorter time limits for statute of limitations may be in effect.

Expert Witnesses

In an instance of medical malpractice, expert witnesses can assist jurors and judges understand evidence and facts in the case. They may also offer expert or specialized opinions to help jurors to make a choice. They are permitted to do this because their knowledge and expertise is more detailed and trustworthy than a layperson or someone who is not a medical professional.

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

An expert's report should reflect the state of medical knowledge at the time of the occurrence in the case. Experts should not criticize or condone the performance of a physician within generally accepted guidelines of practice. Experts should be willing and able to send transcripts of depositions and 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 efforts involved.

Parents of a child that has suffered a serious birth trauma can seek damages to cover the cost they'll incur for their child's medical care, as well as any expenses that were paid for. A lawyer who stands by his word can determine if negligence responsible for a child's birth injury and seek compensation to ease a family's financial burden.