25 Shocking Facts About Birth Injury Compensation

Birth Injury Litigation

Birth injuries can cause serious disabilities and affect the quality of life for your child. The medical treatments 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, present the case for negligence, and represent you during settlement negotiations or in court if necessary.

Settlements

In 90% of medical malpractice lawsuits, the plaintiff and defendant reach a settlement before the case is even tried. Both parties can avoid the costly and stressful court costs and receive compensation for the plaintiff. If a trial isn't possible, a jury can decide whether the defendants have a duty to pay compensation and in what amount.

The first step in obtaining the financial compensation you deserve for your child's birth injury law firm injury is proving that the doctor you hired to deliver your baby was in a professional relationship with you and breached that duty during the birthing procedure. This can be accomplished using medical documents and hospital bills. Your lawyer will also need to establish that the breach was responsible for the injuries to your child.

If you have evidence, your attorney will present a complete set of demands to the malpractice insurance carriers of the defendants. This document includes a written statement detailing the child's injuries together with the supporting documentation. The malpractice insurance company will go through the request and either take it up or reject it. If the demand is rejected, your lawyer will file a lawsuit.

If you are the victim of a successful birth injury lawsuit the attorney you consult with may recommend placing some of the settlement or award in a special trust for children with special needs. This will enable you to grant future funds to your child for things like physical therapy, medicine, and home modifications.

Trials

In some cases, lawyers will try to negotiate a settlement to settle the issue 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 lawyers will collect evidence to prove that medical professionals failed to meet the requirements for a high standard of care and caused injury. Lawyers for the defendants also gather their own evidence to disprove the claims. The attorneys will then sit down with each and negotiate a settlement amount. If a settlement isn't reached, the case will be taken to court.

The trial process can last for months or even years to take to. It can be stressful, risky, and painful for plaintiffs as they relive the trauma of their child's birth injuries. The winner may be awarded an award of a significant amount. A losing party may appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can guarantee the best outcome at every stage of the litigation process, from drafting the demand letter to filing the lawsuit as well as settlement negotiations, discovery and trial, if needed, appeals. They can assist you in obtaining compensation that will alter your life and that of your family members. A lawyer can also provide a network of expert witnesses to prove your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for a reasonable amount of compensation.

Statute of Limitations

The medical profession has its own set of rules to be adhered to during procedures. These include the statute of limitations which sets a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed while evidence is still available and witnesses' memories are still fresh. A lawsuit filed after the deadline for filing a lawsuit has passed can be dismissed even in the event that it has a solid legal basis.

The statute of limitations can be important for victims of birth injuries. A successful lawsuit can offer compensation for the victim's current and future medical expenses or lost wages as a result of working less to care for their child, and emotional anxiety. In some cases the judge or jury will also award punitive damages to penalize defendants who have committed a grave inattention to detail.

Victims of birth injuries must have a New York attorney familiar with these kinds of claims. They can investigate the accident and gather evidence, create a case for negligence, and settle the case or go to trial if needed. In some instances an accused party may try to dismiss a lawsuit by claiming that the statute of limitations has expired. A lawyer should be able quickly determine if this is the case. If the case involves a public health facility that is managed by local or federal government there could be separate and shorter time limits for statute of limitations could be in effect.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and the facts of a medical malpractice case. They may also provide expert or professional opinions and inferences to assist them in making a decision. They are able to make this claim because their knowledge and expertise is more precise and trustworthy than the average person or one who is not a medical professional.

Legal representatives can hire an expert witness who will examine medical records, provide a testimony and help the lawyer put together the case. The expert will sign an affidavit, and then give evidence in the court. An expert can be a hospital employee, health care professional 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 of the hearing. Experts should not denounce any practice that is not in line with generally accepted practice standards, nor should they condone performance that is outside of the standards. Experts should be prepared and able to send transcripts from depositions or courtroom testimony to peers to be reviewed. They should not enter into agreements in which the costs for their expert testimony are inordinately high relative to their time and effort.

Parents of a child that has suffered a severe birth trauma can seek damages to pay for the future expenses they'll incur for the care of their child, as well as any expenses that were caused. A lawyer who stands by his word will determine if negligence was involved in a child's birth injury and seek compensation to ease a family's financial burden.