Birth Injury Litigation
Birth injuries can lead to serious disabilities that can impact the quality of life of your child. The medical treatments that 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 the case for negligence, and represent you during settlement negotiations or in court if necessary.
Settlements
In more than 90 percent of medical malpractice cases, plaintiffs and defendants reach a settlement agreement before going to trial. Both parties will avoid costly and stressful court fees and receive compensation for the plaintiff. If a trial isn’t possible, a jury decides whether the defendants have a duty to pay compensation and how much.
The first step towards receiving financial compensation for a birth injury lawsuits injury in your child is proving the doctor who delivered your baby had a professional relationship with you and that he violated this duty during the birthing procedure. This can be accomplished through medical records and hospital bills. Your lawyer will need to gather proof that the breach caused your child’s injuries.
If you have the evidence and your lawyer has it, they will send a demand form to the defendants’ malpractice insurance carriers. This document includes a written statement detailing the child’s injuries as well as supporting documentation. The malpractice insurer will look over the request and decide whether to take it up or reject it. If the demand is rejected, your lawyer will bring a lawsuit.
Your lawyer might suggest that in the event of a successful lawsuit involving birth injury attorney injuries, a portion of the settlement or award be put into a special needs fund. This will enable you to make future payments to your child to cover things like medicine, physical therapy, and home modifications.
Trials
In some cases lawyers may try to reach a settlement to resolve the matter without going to court. A settlement is an agreement that is formal and resolves a case and provides compensation to the plaintiff.
A team of attorneys will collect evidence to prove that medical professionals did not provide the standards of care and caused injuries. Lawyers for the defendants also gather evidence to refute the claims. The attorneys will then meet with each other to negotiate 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 complete. It can be stressful, risky and painful for plaintiffs, as they experience the trauma of their child’s birth injuries. The winning party could win a substantial amount. But, a party that loses can file an appeal of the decision.
An experienced birth injury lawyer can make all the difference in your case. A lawyer can guarantee the best result at every step of the litigation process, from writing the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, or if needed, appeals. They can help you get life-changing compensation for your family’s requirements. Lawyers can also provide experts to prove your claim. The legal team at Lipsitz Green will investigate your case to determine the reason for the injury occurred and fight for fair compensation.
Statute of Limitations
The medical profession has its own set of rules that must be followed during procedures. This includes the statute of limitations which has a time limit for filing lawsuits. This limit is intended to ensure that claims can be filed while evidence is still available and witnesses’ memories remain fresh. A lawsuit filed after the deadline for filing a lawsuit has passed will be dismissed even when it has a solid legal basis.
For victims of birth injuries the statute of limitation is particularly important. A successful lawsuit could provide compensation for current and future medical expenses loss of wages due to the inability to work in order to take care of the child, and birth injury lawyer emotional distress. In certain cases, a jury or judge will also award punitive damages to penalize defendants who have committed a grave carelessness.
Birth injuries victims should have an New York attorney familiar with these types of claims. They can conduct an investigation and gather evidence to make a case of negligence or negotiate a settlement or go to court when necessary. In certain situations, a defendant might attempt to dismiss a lawsuit claiming 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 state, local, or federal government the possibility of a separate, and much shorter statute of limitations could be in place.
Expert Witnesses
Expert witnesses can help juries and judges comprehend the evidence and the facts of the medical malpractice case. They may also provide expert or professional opinions and inferences to help them make the right decision. They are allowed to offer their opinions because their expertise is more reliable and detailed than the knowledge of a layperson or someone who is not trained in medical sciences.
A lawyer can engage an expert witness to review medical records, give a testimony, and Birth Injury Lawyer aid the lawyer in putting together the case. The expert will 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 an individual outside of the institution.
The expert’s testimony must reflect the current medical knowledge in the case at the time. Experts should not rebuke the performance that is within generally accepted practices or condone performance that is outside of the standards. Experts should provide transcripts of depositions and courtroom testimony for peer review. They should not sign contracts where the fees for their expert testimony are inordinately high in relation to their time and effort involved.
Parents who have a child suffering from a severe birth injury may seek damages for the future medical care the child will require, as well as past expenses they have already incurred for the care of the child. A reliable attorney can determine whether negligence was involved in the child’s injuries at birth and obtain compensation that will alleviate the financial burden of a family.