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Birth Injury Litigation

Birth injuries can cause severe disabilities and impact the quality of life for your child. The medical treatments that they require can be costly and take a long time.

A competent lawyer will start a lawsuit for birth injuries as well as investigate the incident, gather evidence, present the case for negligence, and also represent you in settlement negotiations or at trial if necessary.

Settlements

In more than 90 percent of medical malpractice cases, plaintiffs and defendants come to an agreement on settlement prior to going to trial. This allows both parties to avoid expensive and stressful court costs, and gives the plaintiff a promise of compensation. If a trial is not feasible, a jury will decide whether the defendants are accountable to pay compensation and what amount.

The first step towards 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, and that he did not fulfill this duty during the birthing process. This can be accomplished through medical records and hospital bills. Your lawyer will also have to gather evidence that the breach caused your child's injuries.

Once you have the evidence, your attorney will present a complete set of demands to the malpractice insurers of the defendants. This document contains a thorough letter that outlines the child's injuries along with supporting documents. The malpractice insurance company will look over the request and decide whether to accept or reject it. If the demand is rejected your lawyer will file a lawsuit.

Your lawyer may suggest that in the case of a successful lawsuit for birth injury, a portion of the settlement or award be put into a special-needs fund. This will allow you to make future payments to your child for things such as physical therapy, medicine and home modifications.

Trials

In some cases, lawyers will 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 resolves the matter.

A team of attorneys will gather evidence to prove that medical professionals did not provide the standards of care and caused injuries. Lawyers for the defendants also gather evidence to prove the allegations. The attorneys will meet to negotiate for a settlement. If no settlement can be reached the case will go to trial.

The trial process can take months or even years to complete. It can be stressful, risky, and painful for plaintiffs as they go through the trauma of their child's birth injuries. The winning party could be awarded a large verdict. The losing party can appeal the decision.

A birth injury lawyer who has experience can make a huge difference in your case. A lawyer can help you get the best possible result throughout the litigation process. From the drafting of demand letters to filing lawsuits, discovery, settlement negotiation or appeals when necessary an attorney will ensure the best possible outcome. They can assist you in getting life-changing compensation for your family's needs. A lawyer can help you establish a an expert network 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 followed when performing procedures. This includes the statute of limitations that imposes a deadline for filing lawsuits. This limitation is designed to ensure that claims are filed while evidence is available in physical form and the memories of witnesses are fresh. Even if the lawsuit is based on an established legal foundation it is dismissed if it is filed after the statute of limitations has expired.

The statute of limitations can be crucial for birth injury lawsuit injuries. A successful case could result in the right to compensation for future and present medical expenses loss of wages due to the inability to work in order to take care of the child, and emotional distress. In certain cases the judge or jury may also award punitive damages intended to punish defendants for their extreme negligence.

A New York attorney who is adept at defending birth injuries should represent the victims. They can investigate the accident and gather evidence, make an argument for negligence, and reach a settlement or go to trial if needed. In some cases 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 public hospitals which are operated by the state, local or federal governments there is a separate and much shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and Birth Injury Litigation judges understand the evidence and the facts of the medical malpractice case. They can also offer expert or professional opinions and inferences to help them make the right decision. They are permitted to do so because their expertise is more reliable and detailed than the knowledge of a layperson or someone who is not trained in medical sciences.

Legal representatives can hire an expert witness who will review medical records, give an account and assist the lawyer to put together the case. The expert witness would then sign an affidavit as well as testify in court about their findings. An expert could be a hospital employee or health care professional from the defendant's establishment or an outsider.

An expert's testimony should reflect the state of medical knowledge at the time of event in the case. The expert should not condemn or excuse any action that is not in line with generally accepted guidelines of practice. Experts should be willing and able submit transcripts from depositions or courtroom testimony to peers for review. They should not sign agreements where the fees for their expert testimony are inordinately expensive in comparison to the time and effort involved.

Parents who have a child who has suffered a serious birth injury attorney injury may be able to seek compensation for the future medical care their child will require as well as past expenses they have already paid to provide care for the child. A lawyer who stands by his word will determine if negligence was involved in a child's birth injury compensation injury and secure compensation to ease the family's financial burden.