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Birth Injury Litigation

Birth injuries can lead to severe disabilities that can negatively impact the quality of life of your child. Medical treatments can be costly and take a long time.

A competent lawyer will file your lawsuit for birth injury, conduct an investigation into the incident, collect evidence, and build a case of negligence. They can represent you in settlement negotiations or in court if needed.

Settlements

In 90% of medical malpractice lawsuits the defendant and plaintiff reach an agreement prior to the case is tried. This allows both parties to avoid costly and stressful court fees, and it gives the plaintiff a guarantee of a fair settlement. If a trial is not feasible, a jury determines whether the defendants have a duty to pay compensation and in what amount.

The first step towards 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, birth injury law firms and that he acted in breach of this obligation during the birthing procedure. This can be accomplished through medical records and hospital bills. Your lawyer will also need to collect evidence that proves the breach led to the injuries to your child.

If you have the evidence, your lawyer will submit an order package to defendants' malpractice companies. The document contains a letter detailing the injury suffered by your child along with supporting documentation. The malpractice insurance company will look over the demand, and decide whether to accept or deny it. If the demand is denied, your lawyer will file suit.

Your lawyer could suggest that, in the event of a successful lawsuit involving birth injury, a part of the settlement or award is placed in a special needs fund. This will allow you to give future funds to your child to cover things like physical therapy, medicine, and home modifications.

Trials

In some cases, attorneys attempt to reach an agreement to resolve the issue prior to going to court. A settlement provides the plaintiff with financial compensation and leads to an official agreement that settles the matter.

An attorney's team will gather evidence to prove medical professionals didn't meet a certain standard of care and triggered an injury. Lawyers for the defendants will also gather their own evidence to counter the claims. The attorneys will meet to discuss a settlement. If a settlement isn't reached, the case will be taken to court.

The trial process can take months or years to complete. Plaintiffs could suffer from pain, stress and risk as they relive the trauma of their child's birth injury attorney. The winning party could be awarded a substantial verdict. But, a party that loses could appeal the decision.

A birth injury lawyer who has experience can make a big difference in your case. A lawyer can guarantee the best outcome at every stage of the litigation process, from the drafting of the demand letter to filing the lawsuit, discovery, settlement negotiations and trial or, when necessary, appeals. They can assist you in getting life-changing compensation for your family's needs. A lawyer can provide you with a a network of experts to help you with your claim. The legal team at Lipsitz Green will investigate the incident to determine what went wrong and fight for fair amount of compensation.

Statute of limitations

Medical professionals have their own set of rules that they must follow when conducting procedures. This includes the statute of limitations that imposes a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed when evidence is still accessible and witnesses' memories remain fresh. A lawsuit that is filed after the time limit has expired can be dismissed even when it has a solid legal basis.

The statute of limitations can be important for victims of birth injuries. A successful lawsuit could provide the right to compensation for future and present medical expenses, lost wages from missing work in order to care for the child, as well as emotional anxiety. In some cases a judge or jury may also award punitive damages to punish defendants for committing a serious negligence.

Victims of birth injury law firms (click to find out more) injuries should have a New York attorney familiar with these types of claims. They can investigate and gather evidence to make a case of negligence, negotiate a settlement, or go to court when needed. In certain cases the defendant could try to dismiss a lawsuit claiming that the statute of limitation has passed. A lawyer will be able to quickly determine whether this is the case. If the situation involves a public hospital, which are operated by local government agencies, whether federal or state-based the possibility of a separate and shorter time limits for statute of limitations may apply.

Expert Witnesses

In the event of a medical malpractice case expert witnesses help jurors and judges understand the evidence and the facts in the case. They can also provide specialized or professional opinions to help jurors decide. They are able to offer this advice because their knowledge and expertise is more detailed and reputable than a layperson or someone who has no medical education.

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

The expert's opinion must reflect the current medical knowledge at the time of the hearing. 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 willing and able submit transcripts of depositions or courtroom testimony to peers to be reviewed. They should not sign agreements that state that the costs for expert testimony are too expensive in comparison to the time and efforts involved.

Parents of children who suffers a serious birth injury can seek damages for the future medical care their child will require, as well as past costs they've already paid to care for the child. A lawyer who is steadfast will determine if negligence at play in the birth injury and obtain compensation to ease the family's financial burden.