Birth Injury Litigation
Birth injuries can cause serious disabilities and affect the quality of life of your child. The medical treatment they require can be expensive and lengthy.
A competent lawyer can file your
birth injury lawsuit as well as investigate the incident, gather evidence, build the case for negligence, and represent you in settlement negotiations or at trial if necessary.
Settlements
In more than 90 percent of medical malpractice cases, the plaintiffs and defendants reach an agreement to settle the case prior to going to trial. This allows both parties to avoid expensive and stressful court costs, and gives the plaintiff a guarantee of a fair settlement. If a trial is not feasible, a jury will decide whether the defendants are liable to pay compensation and how much.
The first step toward receiving the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your child had a an established professional relationship with you and breached this obligation during the birthing process. This can be accomplished with medical records and hospital bills. Your lawyer will also need to gather evidence that the breach caused your child's injuries.
If you have evidence, your lawyer will send a set of demands to the malpractice insurers of the defendants. The demand package will contain a comprehensive letter describing your child's injuries along with supporting documents. The malpractice company will go through the request and either accept or deny it. If the demand is denied your lawyer will file a lawsuit.
If you are the victim of a successful birth injury lawsuit, your attorney may recommend placing part of your settlement or award into a special trust for children with special needs. This will allow you to grant future funds to your child for things like physical therapy, medicine, and home modifications.
Trials
In certain cases, attorneys will try to find a solution to the issue before going to court. A settlement is a formal agreement that resolves a case and provides compensation to the plaintiff.
An attorney's team will collect evidence to prove medical professionals didn't meet a high standard of care and caused an injury. Lawyers for defendants will also collect their own evidence in order to refute assertions. The attorneys will meet to negotiate a settlement. If a settlement cannot be reached then the case will go to trial.
The trial process could take months or years to be completed. Plaintiffs can suffer from pain, stress and anxiety as they try to relive the trauma of their child's
birth injury attorneys. The winning party may receive an award of a significant amount. The losing side may appeal the decision.
A skilled
birth injury lawyer can make a huge difference in your case. A lawyer can help you obtain the best outcome at every stage of the litigation process. From drafting the demand letters to filing lawsuits and discovery, settlement negotiations or appeals, if necessary, a legal professional will ensure the best possible outcome. They can assist you in getting life-changing compensation for your family's needs. A lawyer can also help you establish a experts to support your claim. The legal team of Lipsitz Green will investigate the case to determine what transpired and fight for a reasonable amount of compensation.
Statute of Limitations
The medical profession has its own set of rules to be followed when performing procedures. This includes the statute of limitations that sets a time limit for filing lawsuits. This limit is set to ensure that claims are filed while evidence in the physical remains and the memories of witnesses are fresh. Even if the lawsuit has a solid legal basis, it will be dismissed if it's filed after the statute of limitations has expired.
The statute of limitations is important for birth injuries. A successful case could result in the right to compensation for future and present medical expenses loss of wages due to the inability to work to take care of the child, and emotional anxiety. In some cases, the jury or judge may also award punitive damage to punish defendants for extreme negligence.
The victims of birth injuries should have a New York attorney familiar with these types of claims. They can conduct investigations and gather evidence to make a case of negligence, negotiate a settlement, or go to court when needed. In some cases the defendant could try to dismiss a lawsuit by claiming that the statute of limitation has run out. A lawyer will be able quickly determine if this is the situation. If the matter involves public hospitals that are run by the state, local or federal government there is a separate and shorter time limit could be in place.
Expert Witnesses
In an instance of medical malpractice, experts can help jurors and judges comprehend the evidence and facts in the case. They also offer expert or specialized opinions that help the jury to make a choice. They are permitted to do this because their experience and expertise is more detailed and trustworthy than the average person or one who has no medical education.
A legal representative can retain an expert witness who will examine medical records, provide a testimony and help the lawyer in putting together the case. The expert would sign an affidavit and then appear in the court. An expert can be an employee of a hospital or health care provider from the defendant's institution or an outsider.
The expert's report must reflect the current medical knowledge at the time. The expert should not criticize actions that fall within the generally accepted standards of practice or allow for performance that is in violation of the standards. Experts should be prepared and able to send transcripts of depositions and courtroom testimony to their peers to be reviewed. They should not be a part of contracts where the fees for expert testimony are too expensive in comparison to the time and effort.
Parents of a child who suffered a severe birth trauma can seek damages to pay for the future expenses they will incur to care for their child, as well as any expenses that have been that they have incurred. A steadfast attorney can determine if negligence was involved in the child's injury at birth and seek compensation to help ease the financial burden of a family.