Birth Injury Litigation
Birth injuries can result in serious disabilities that can impact your child's quality of life. The medical treatments they require could be costly and time-consuming.
A competent lawyer will file your birth injury lawsuit and investigate the incident to gather evidence, build a case for negligence and represent you in settlement negotiations or in court if needed.
Settlements
In over 90% of medical malpractice cases, plaintiffs and defendants come to a settlement agreement prior to the case going to trial. This helps both parties avoid the burdensome and costly court costs, and also provides the plaintiff with a guarantee of a fair settlement. If a trial is not feasible, a jury will decide whether the defendants have a duty to compensate the plaintiff and how much.
The first step to receive the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your baby was in an professional relationship with you and breached this obligation during the birthing procedure. You can prove this using medical documents and hospital invoices. Your lawyer must gather proof that the breach caused your child's injuries.
If you have evidence, your attorney will submit a package of demands to the malpractice insurance carriers of the defendants. This document includes a letter detailing your child's injuries, together with the supporting documentation. The malpractice company will look over the request and decide whether to take it up or reject it. If the demand is denied then your lawyer will file suit.
If you are the victim of a successful birth injury lawsuit the attorney you consult with may recommend placing some of the settlement or award in a special trust for children with disabilities. This will allow you to grant future funds to your child to cover things such as medicine, physical therapy, and home modifications.
Trials
In certain instances lawyers will attempt to reach a deal to resolve the matter without a court appearance. A settlement provides an amount of money to the plaintiff and ends in an official agreement that resolves the matter.
A team of lawyers will gather evidence to demonstrate that medical professionals failed to meet the requirements for a high standard of care and aggravated injuries. Lawyers representing the defendants will gather evidence of their own to disprove allegations. The attorneys will meet to discuss a settlement. If a settlement cannot be reached, then the case will be taken to the court.
The trial process can be lengthy or take years to complete. Plaintiffs could feel pain, stress and risk as they relive their child's birth 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. Legal professionals can guarantee the best possible outcome through each step of the legal process, starting with the creation of the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, or in the event of an appeal, if necessary. They can help you obtain the life-changing amount of compensation your family requirements. A lawyer can provide you with an expert network to support your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for a reasonable amount of compensation.
Statute of Limitations
Medical professionals have their own set of rules to adhere to during procedures. This includes the statute of limitations which has a time limit for filing lawsuits. This limit is set to ensure that claims are filed in the time evidence is still available and witnesses' memories are fresh. A lawsuit that is filed after the statute of limitations has expired is dismissed even if it has a strong legal basis.
For birth injury victims the statute of limitations is particularly important. A successful claim could award the right to compensation for future and present medical expenses, lost wages from missing work to take care of the child, and emotional stress. In some cases a judge or jury may also award punitive damages intended to penalize defendants who have committed a grave negligence.
A New York attorney who is familiar with birth injury -
Http://www.micepm.co.kr/board/bbs/board.php?bo_table=press&wr_id=501947, claims is required to represent the victims. They can investigate and collect evidence to support a claim of negligence, negotiate a settlement, or take the case to court if required. In some instances there is a possibility that a defendant will attempt to dismiss a case by saying that the statute of limitations has expired. A lawyer can quickly determine if this is the situation. If the matter involves public hospitals that are run by the state, local or federal authorities the possibility of a separate, and shorter statute of limitations could be in place.
Expert Witnesses
In the case of medical malpractice, experts can help judges and juries understand the evidence and facts in the case. They can also offer specialized or professional opinions to assist jurors to make a decision. They are permitted to do so because their knowledge is more reliable and detailed than the knowledge of a layperson or someone who is not trained in medical sciences.
A legal representative can retain an expert witness to examine medical records, provide testimony and assist the lawyer to put together the case. The expert would sign an affidavit, and then give evidence in the court. An expert could be an internal employee of the defendant's hospital or health care system, or someone outside of the institution.
Expert testimony should reflect the current state of medical knowledge at the time of occurrence in the case. The expert should not condemn the performance that is within generally accepted practices or condone performance that is outside of those standards. Experts should be prepared and able to provide transcripts of depositions or courtroom testimony to their peers for review. They should not sign agreements where the fees for expert testimony are excessively high in comparison to the time and efforts involved.
Parents who have a child who has suffered a serious birth injury can seek compensation for the future medical care their child will require and also for past expenses that they have already paid to provide care for the child. A reliable attorney can determine if negligence was involved in the child's birth injury and seek compensation to reduce the financial burden for a family.