Birth Injury Litigation
Birth injuries can result in severe disabilities that could affect your child's quality of life. Medical treatments can be costly and take a long time.
A good lawyer will file your lawsuit for birth injury, study the incident, collect evidence, and make a case of negligence. They may assist you in settlement negotiations or in court, if required.
Settlements
In the majority of medical malpractice lawsuits, the defendant and plaintiff reach an agreement before the case is heard. This allows both parties to save money and stress-inducing court costs, and also gives the plaintiff a promise of a fair settlement. If a trial isn't possible, a jury decides whether the defendants are liable to pay compensation and in what amount.
The first step to receive financial compensation for
birth injury attorneys injuries for your child is to establish that the doctor who gave birth to your child had a professional relationship with you and that he breached this duty during the birthing procedure. This can be accomplished using medical records and hospital bills. Your lawyer will have to find evidence that the breach was responsible for the injuries to your child.
Once you have the evidence, your attorney will present a complete set of demands to the malpractice insurance companies of the defendants. The document will include a letter detailing your child's injuries, and any supporting evidence. The malpractice insurance company will review the demand and either accept it or reject it. If the demand is rejected, your lawyer will start a lawsuit.
If you are the victim of a successful birth injury lawsuit your lawyer may suggest placing part of your settlement or award into a special needs trust. This will allow your child to have access to future funds for things like medicine physical therapy, home modifications.
Trials
In some cases, attorneys will try to reach an agreement to resolve the issue prior to going to court. A settlement is an agreement in writing that settles a dispute and pays compensation to the plaintiff.
A lawyer's team will collect evidence to prove medical experts didn't adhere to a strict standard of care and caused injury. Lawyers representing defendants will gather evidence of their own to disprove claims. The attorneys will then sit down with each other to discuss the amount of settlement. If a settlement can't be reached, the case will go to trial.
The trial process can take months or even years to be completed. It can be stressful, dangerous and painful for plaintiffs who have to relive the trauma of their child's birth injuries. The winning party may receive an award of a significant amount. A losing party can file an appeal of the decision.
A skilled lawyer for birth injuries can make a huge difference in your case. A lawyer can help you achieve the best possible outcome at every stage of the litigation process. From the creation of demand letters, to filing the
lawsuits or discovery, settlement negotiations or appeals If necessary, a legal professional will ensure the highest possible outcome. They can help you get compensation that will change your life and that of your family. A lawyer can also offer a network of expert witnesses to support your claim. The legal team at Lipsitz Green will investigate the case to determine what transpired and fight for a fair compensation.
Statute of limitations
The medical profession has its own set of rules to be adhered to when performing procedures. This includes the statute of limitations, that imposes a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed when evidence is still accessible and witnesses' memories are fresh. A lawsuit filed after the statute of limitations has expired will be dismissed even if it has a strong legal basis.
For victims of birth injuries the statute of limitations could be particularly crucial. A successful claim can provide compensation for the victim's current and future medical expenses as well as lost wages due to missing work to care for their child, and emotional stress. In some cases, the judge or jury may also award punitive damage to punish defendants who have displayed excessive negligence.
A New York attorney who is experienced in birth injury claims is required to represent the victims. They can investigate the accident and gather evidence, create a case for negligence, and negotiate a settlement or go to trial if necessary. In certain situations an accused party may try to dismiss a lawsuit by arguing that the statute of limitations has expired. A lawyer should be able to quickly determine if this is the case. If the case involves public hospitals, that are run by local, state or federal authorities the possibility of a separate, and shorter statute of limitations may apply.
Expert Witnesses
In a medical malpractice case, experts can help jurors and judges understand the evidence and the facts of the case. They can also offer expert or specialized opinions that help the jury make a decision. They are permitted to offer this advice because their knowledge and expertise is more precise and reputable than an average person or someone who has no medical training.
A lawyer can engage an expert witness to review medical records, provide testimony, and aid the lawyer in putting together the case. The expert will sign an affidavit, and then be able to testify in court. An expert could be an internal employee of the defendant's hospital or health care system, or a person outside that institution.
The testimony of an expert should reflect the state of medical knowledge at the time of event in the case. Experts should not denounce performance that falls within generally accepted practice standards, nor should they condone performance that is outside of those standards. Experts should be able to provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not sign agreements where the fees for expert testimony are excessively high compared to their time and effort.
Parents of children suffering from a severe birth injury may seek compensation for future care that the child will require, and for any previous expenses they have already incurred to care for the child. A steadfast attorney can determine whether negligence was the cause of the child's birth injury and can secure compensation to reduce the financial burden for the family.