Birth Injury Compensation: The Good The Bad And The Ugly

Birth Injury Litigation

Birth injuries can lead to severe disabilities that could affect the quality of life of your child. Medical treatments can be costly and can take a long time.

A competent lawyer can bring a birth injury lawsuit, investigate the incident and gather evidence, create a case for negligence and represent you during settlement negotiations or in court if needed.

Settlements

In a majority of medical malpractice lawsuits the defendant and plaintiff reach an agreement before the case goes to trial. Both parties will avoid costly and stressful court costs and receive compensation for the plaintiff. In the event that an agreement cannot be reached the jury will decide if the defendants owe the plaintiff compensation and how much the amount they are required to pay.

The first step in obtaining financial compensation for your child's birth injury is proving that the doctor you hired to deliver your child had a an established professional relationship with you and violated this obligation during the birthing process. You can prove this using medical documents and hospital invoices. Your lawyer will need to prove that the breach led to your child's injuries.

If you have evidence, your attorney will then submit a list of demands to the malpractice insurance carriers of the defendants. The document will include a detailed letter that describes the injuries your child sustained as well as supporting documents. The malpractice insurance company will look over the request and decide whether to take it up or reject it. If the demand is rejected by your lawyer, they will make a claim.

Your attorney may recommend that in the case of a successful lawsuit for birth injury, a portion of the settlement or award be put into a special needs fund. This will allow you to provide future funds to your child for things like medicine, physical therapy, and home modifications.

Trials

In certain instances, lawyers will try to reach a settlement to resolve the matter without a court appearance. A settlement provides the plaintiff with financial compensation and ends in an official agreement that concludes the matter.

An attorney's team will seek evidence to show that medical experts didn't adhere to a strict standard of care, causing an injury. Lawyers for the defendants also gather evidence to disprove the claims. The attorneys will meet to discuss an agreement. If a settlement isn't reached, then the case will be taken to the court.

The trial process could take months, or years to complete. It can be stressful, dangerous and painful for plaintiffs as they go through the trauma of their child's birth injury lawyers injuries. The winning side could be awarded a large verdict. A losing party may appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can assist you to obtain the best outcome throughout the litigation process. From the drafting of demand letters to filing lawsuits and discovery, settlement negotiations or appeals when necessary A legal professional will ensure you get the best outcome. They can help you obtain the life-changing amount of compensation your family needs. A lawyer can also help you establish a an expert witness network to support your claim. The legal team at Lipsitz Green will investigate the case to determine the cause and fight for fair settlement.

Statute of limitations

Medical professionals have their own set of rules that they must follow in their procedures. This includes the statute of limitations that sets a time limit for filing lawsuits. This limitation is designed to ensure that claims are filed as long as physical evidence remains available and the memories of witnesses are fresh. A lawsuit that is filed after the statute of limitations has expired is dismissed even when it has a solid legal basis.

For victims of birth injuries the statute of limitation is particularly important. A successful case can result in compensation for the victim's present and future medical expenses, lost wages due to having to work in order to take care of their child, as well as emotional stress. In some cases, a jury or judge may also award punitive damages to punish defendants for their extreme carelessness.

A New York attorney who is experienced in birth injury claims should represent the victims. They can investigate and gather evidence to establish a case of negligence, negotiate a settlement, or go to court when required. In certain cases, birth injury lawyer a defendant may try to dismiss a lawsuit claiming that the statute of limitations has expired. A lawyer can quickly determine when this is the case. If the matter involves public hospitals which are managed by the state, local or federal authorities the possibility of a separate, and much shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and the facts of the medical malpractice case. They also offer expert or specialized opinions to assist jurors to make a decision. They can make this claim because their knowledge and expertise is more precise and reliable than that of an average person or someone with no medical background.

A legal representative can retain an expert witness to examine medical records, provide a testimony and birth injury lawyer help the lawyer put together the case. The expert will sign an affidavit, and then testify in court. An expert could be a hospital employee or health care provider from the defendant's establishment, or an outsider.

An expert's report should reflect the state of medical knowledge at the time of event in the case. The expert should not condemn performance that falls within generally accepted practice standards, nor should they allow for performance that is in violation of the standards. Experts should be willing and able to send transcripts of depositions or courtroom testimony to peers for review. They should not sign agreements where the fees for their expert testimony are disproportionately high in relation to their time and effort.

Parents of a child that has suffered a serious birth injury attorney trauma may seek damages to cover the cost they will incur to care for their child, as well as any previous expenses that were paid for. A steadfast lawyer can determine if negligence caused the child's injuries at birth and can secure compensation to reduce the financial burden for families.