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Birth Injury Litigation

Birth injuries can lead to serious disabilities and affect the quality of life of your child. Medical treatments can be expensive and long.

A competent lawyer will bring a birth injury lawsuit, investigate the incident and collect evidence, make a case for negligence and represent you during settlement negotiations or at trial if needed.

Settlements

In more than 90 percent of medical malpractice cases, plaintiffs and defendants agree to a settlement agreement before going to trial. Both parties are able to avoid the high and stressful court costs and receive compensation for the plaintiff. In the event that the trial is not able to be concluded, a jury will determine whether the defendants owe the plaintiff any compensation and the amount of money they should pay.

The first step to receive financial compensation for a birth injury for your child is to establish that the doctor who gave birth to your baby had a professional relationship with you, and that he breached this obligation during the birthing process. You can do this by using medical documents and hospital invoices. Your lawyer must gather proof that the breach was responsible for the injury to your child.

If you have evidence, your attorney will present a complete set of demands to the malpractice insurance carriers of the defendants. The document contains a letter detailing the injuries suffered by your child, along with supporting documentation. The malpractice insurer will examine the demand, and accept or reject it. If the demand is rejected then your lawyer will file a lawsuit.

Your lawyer could suggest that, in the event of a successful lawsuit involving birth injury attorney injury, a portion of the settlement or award is placed into a special needs fund. This will enable your child to use the funds to fund things like medicine and physical therapy as well as home modifications.

Trials

In some cases lawyers will try to negotiate a settlement to settle the issue without going to court. Settlements provide financial compensation to a plaintiff and leads to an official agreement that concludes the matter.

An attorney's team will gather evidence to prove that medical professionals didn't meet a certain standard of care and triggered an injury. The lawyers representing the defendants will also gather evidence to disprove the claims. The attorneys will meet to discuss the terms of a settlement. If a settlement is not reached, the case will be taken to court.

The trial process could be lengthy or take years to complete. Plaintiffs might be afflicted with pain, stress and anxiety as they try to relive their child's birth injury trauma. The winner may be awarded a substantial amount. But, a party that loses can file an appeal of 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 legal process, starting with the creation of the demand letter, to filing the lawsuit or discovery, negotiation of settlement and trial, when necessary, appeals. They can assist you in getting the life-changing amount of compensation your family needs. A lawyer can provide you with a network of experts to support your claim. The legal team at Lipsitz Green will investigate the incident to determine what went wrong and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules to adhere to in their procedures. This includes the statute of limitation which specifies a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories remain fresh. A lawsuit filed after the deadline for filing a lawsuit has passed is dismissed even in the event that it has a solid legal basis.

The statute of limitations is crucial for those suffering from birth injuries. A successful claim could award compensation for future and current medical costs and lost wages resulting from the absence of work to care for the child, and emotional anxiety. In certain circumstances, a jury or judge may also award punitive damages to punish defendants who have demonstrated extreme negligence.

Victims of birth injury Law firms injuries should have a New York attorney familiar with these kinds of claims. They can conduct investigations and gather evidence to support a claim of negligence or negotiate a settlement or go to court if required. In certain cases the defendant might try to dismiss a lawsuit claiming that the statute of limitation is over. A lawyer will be able to quickly determine if this is the situation. If the case involves a public health facility that is run by local government agencies, whether federal or state-based the possibility of a separate and shorter statute of limitation periods could apply.

Expert Witnesses

Expert witnesses can assist juries and judges comprehend the evidence and facts of the medical malpractice case. They can also provide professional or expert opinions to help the jury make a decision. They are allowed to make this claim because their knowledge and expertise is more thorough and reliable than an average person or someone who is not a medical professional.

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

The expert's testimony should reflect the current state of medical knowledge available at the time. Experts should not criticize or excuse any action that is not in line with generally accepted guidelines of practice. Experts should be prepared and able to send transcripts from depositions or courtroom testimony to peers to be reviewed. They should not sign agreements in which the costs for their expert testimony are disproportionately expensive in comparison to the time and effort involved.

Parents of children suffering from a severe birth injury may be able to claim damages for the future care that their child will require, in addition to any past expenses they have already paid for the care of the child. A determined attorney can determine if negligence was involved in the child's injury during birth and secure compensation that can alleviate the financial burden of the family.