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Birth Injury Litigation

birth injury lawsuit injuries can cause serious disabilities that can impact the quality of life of your child. Medical treatments can be costly and take a long time.

A competent lawyer will file a lawsuit for birth injury, conduct an investigation into the incident, gather evidence, and then make the case of negligence. They may assist you in settlement negotiations or in court if needed.

Settlements

In the majority of medical malpractice lawsuits, the plaintiff and defendant reach a settlement before the case is tried. This lets both parties avoid the burdensome and costly court fees, and it gives the plaintiff a promise of a fair settlement. If an agreement cannot be reached, a jury will determine whether the defendants owe plaintiff any compensation and the amount of they must pay.

The first step to receive financial compensation for a birth injury in your child is to prove the doctor who gave birth to your baby had an established 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 will also have to collect evidence that proves the breach caused your child's injuries.

Once you have the evidence, your lawyer will present a complete set of demands to the malpractice insurers of the defendants. This document includes a letter detailing the child's injuries along with supporting documentation. The malpractice insurance company will review the demand, and decide whether or not to accept it. If the demand is rejected then your lawyer will start a lawsuit.

In the event of the outcome of a successful lawsuit for birth injuries your lawyer may suggest placing some of the settlement or award in a special needs trust. This will permit your child to access future funds to fund things like medicine physical therapy, home modifications.

Trials

In certain cases, lawyers will try for a settlement in order to resolve the matter without going to court. Settlements provide the plaintiff with financial compensation and ends in an official agreement that ends the case.

An attorney's team will collect evidence to prove that medical professionals didn't meet a high standard of care and caused injury. Lawyers for the defendants also gather evidence to refute the claims. The attorneys will then sit down with each and negotiate a settlement amount. If no settlement can be reached, the case will go to trial.

The trial process could take months, or years to be completed. Plaintiffs might experience stress, pain and danger as they revisit their child's birth injury trauma. The winning party could be awarded a huge verdict. The losing side may appeal the decision.

An experienced birth injury lawsuits injury lawyer can make a huge difference in your case. A legal professional can ensure the best outcome through every step of the litigation process, from the drafting of the demand letter, to filing the lawsuit as well as settlement negotiations, discovery and trial or, should it be necessary, appeals. They can help you receive compensation that will change your life and that of your family members. A lawyer can also help you establish a a network of expert witnesses to support your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred and fight for fair compensation.

Statute of Limitations

The medical profession has its own set of rules that must be adhered to during procedures. This includes the statute of limitation that sets a time limit for filing lawsuits. This limit is meant to ensure that claims can be filed as long as evidence is still available and witnesses' memories remain fresh. A lawsuit that is filed after the time limit has expired will be dismissed, even when it has a solid legal basis.

For victims of birth injuries the statute of limitations can be crucially important. A successful case could result in compensation for current and future medical costs loss of wages due to the inability to work to take care of the child, as well as emotional anxiety. In some cases the judge or jury will also award punitive damages to punish defendants for their extreme carelessness.

The victims of birth injuries should have a New York attorney familiar with these kinds of claims. They can investigate and gather evidence to establish a case of negligence or negotiate a settlement or go to court if necessary. In some cases the defendant may attempt to dismiss a lawsuit by asserting that the time limit has expired. A lawyer will be able to quickly determine whether this is the case. If the situation involves a public hospital, which are operated by local government agencies, whether federal or state-based the possibility of a separate and shorter statute of limitations may be in effect.

Expert Witnesses

Expert witnesses can assist juries and judges better understand the evidence and facts of a medical malpractice case. They may also provide expert or professional opinions and inferences to assist them in making the right decision. They are able to do so because their knowledge is more reliable and precise than that of a layperson or someone without medical training.

A lawyer may hire an expert witness to look over medical records, provide a testimony, and assist the lawyer in putting together the case. The expert would sign an affidavit, and then give evidence in court. An expert could be a hospital employee or health care provider at the institution of the defendant or an outsider.

The expert's testimony must reflect the current state of medical knowledge in the case at the time. The expert should not denounce or excuse any action that is not in line with generally accepted standards of practice. Experts should be willing to provide transcripts of depositions and courtroom testimony for peer review. They should not enter into contracts where the fees for their expert testimony are excessively high in relation to the time and effort.

Parents of children suffering from a severe birth injury can claim damages for the future care that the child will require, and also for past expenses they have already paid to provide care for the child. A determined lawyer can determine if negligence was the cause of the child's injury at birth and can secure compensation to help ease the financial burden of the family.