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Birth Injury Litigation

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

A competent lawyer will file your birth injury lawsuit to investigate the incident, gather evidence, build a case for negligence and represent you in settlement negotiations or at trial in the event of a trial.

Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants sign an agreement for settlement before going to trial. Both parties are able to avoid the costly and stressful court costs and receive compensation for the plaintiff. If a trial is not possible, a jury can decide whether the defendants are responsible to pay compensation and in what amount.

The first step to receive financial compensation for a birth injury for your child is to establish that the doctor who delivered your child had a professional relationship with you, and that he acted in breach of this obligation during the birthing procedure. You can do this by using medical records and hospital invoices. Your lawyer will have to prove that the breach led to your child's injuries.

If you have evidence, your attorney will send a set of demands to the malpractice insurance carriers of the defendants. The document will include a detailed letter describing your child's injuries along with supporting documents. The malpractice insurance company will review the request, and then either accept or reject it. If the demand is rejected the lawyer will start a lawsuit.

If you are the victim of a successful birth injury lawsuit Your attorney might suggest placing the proceeds of your settlement or award into a special trust for children who require special. This will enable your child to use the funds for things such as medicine and physical therapy as well as home modifications.

Trials

In certain instances lawyers will attempt for a settlement in order to resolve the matter without having to go to court. A settlement offers an amount of money to the plaintiff and leads to an official agreement that resolves the case.

A team of attorneys will gather evidence to demonstrate that medical professionals did not adhere to a high level of care and caused injuries. The lawyers representing the defendants will also collect evidence to prove the allegations. The attorneys will meet to negotiate an agreement. If a settlement cannot be reached then the case will go to trial.

The trial process could take months or years to be completed. Plaintiffs might suffer from pain, stress and anxiety as they try to relive their child's birth injury law firms injury trauma. The winner could receive a large award. However, a losing party can appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A legal professional can help you get the best possible outcome through each step of the litigation process, from drafting the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, or if needed, appeals. They can help you obtain compensation that will change your life and that of your family members. A lawyer can provide you with experts to support your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for fair settlement.

Statute of Limitations

The medical profession has its own set of rules that must be followed in all procedures. This includes the statute of limitations, that imposes a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed while physical evidence remains available and witnesses' memories are fresh. Even if a lawsuit has a solid legal basis it can be dismissed if it is filed after the statute of limitations has expired.

For birth injury victims the statute of limitation can be crucially important. A successful case could result in compensation for future and current medical expenses and lost wages resulting from the absence of work in order to take care of the child, and emotional stress. In some cases a judge or jury will also award punitive damages to penalize defendants who have committed a grave negligence.

Victims of birth injuries must have a New York attorney familiar with these kinds of claims. They can investigate the accident and collect evidence, build an argument for negligence, and reach a settlement or go to trial if needed. In certain situations there is a possibility that a defendant will attempt to dismiss a suit by asserting that the statute of limitations has run out. A lawyer can determine quickly whether this is the case. If the matter involves a hospital that is public that is run by local or federal government the possibility of a separate and shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges comprehend the evidence and the facts of a medical malpractice case. They can also offer specialized or professional opinions and inferences to assist them in making the right decision. They are allowed to offer their opinions because their expertise is more reliable and precise than the knowledge of a layperson or someone with no medical training.

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

The expert's opinion must reflect the current state of medical knowledge in the case at the time. The expert should not condemn or condone performance within the generally accepted guidelines of practice. Experts should be prepared and able to submit transcripts of depositions and courtroom testimony to peers for review. They should not sign any contracts where the fees for expert testimony are too expensive compared to the time and efforts involved.

Parents of a child who has suffered a severe birth trauma may seek damages to cover the future costs they'll have to pay for birth injury lawsuit their child's medical care, as well as any expenses that have been paid for. A lawyer who is committed will determine if negligence was the cause of a child's birth injury and obtain compensation to ease a family's financial burden.