Birth Injury Litigation

Birth injuries can lead to severe disabilities and impact the quality of life of your child. The medical treatments that they require can be costly and long.

A reputable lawyer can file your birth injury lawsuit as well as investigate the incident, gather evidence, build a case for negligence and represent you in settlement negotiations or at trial if needed.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants reach an agreement to settle the case before the case goes to trial. Both parties can avoid the costly and stressful court fees and receive compensation for the plaintiff. If a trial is not possible, a jury can decide whether the defendants are responsible to pay compensation and what amount.

The first step in obtaining the financial compensation your child deserves for his pottsville birth injury lawyer injury is proving that the doctor you hired to deliver your baby was in an established professional relationship with you, and he violated that duty during the birthing procedure. You can prove this by using medical records and hospital invoices. Your lawyer will have to gather proof that the breach led to the injury to your child.

Once you have the evidence, your lawyer will then submit a list of demands to the malpractice insurance companies of the defendants. This document includes a letter detailing the injury suffered by your child as well as supporting documentation. The malpractice insurance company will look over the demand, and decide whether to accept or deny it. If the demand is rejected, your lawyer will make a claim.

In the event of a successful birth injury lawsuit, your attorney may recommend placing some of the settlement or award in a special needs trust. This will enable your child to access future funds for things like medicines, physical therapy and home modifications.

Trials

In certain cases lawyers will try to reach a deal to settle the issue without going to court. A settlement is an agreement that is formal and resolves the matter and also provides compensation to the plaintiff.

An attorney's team will gather evidence to prove medical professionals didn't meet a certain standard of care, causing an injury. Lawyers for the defendants will also collect evidence to refute the claims. The attorneys will meet to discuss for a settlement. If a settlement isn't reached, then the case will be taken to court.

The trial process could take months or years to complete. Plaintiffs could suffer from pain, stress and even risk when they recall their child's birth injury trauma. The winner may be awarded an award of a significant amount. A losing party can file an appeal of the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can help you get the best possible outcome at every stage of the litigation process. From the creation of demand letters to filing the lawsuits or discovery, settlement negotiations or appeals, if necessary a lawyer will ensure you get the best outcome. They can help you get compensation that will transform your life and the lives of your family members. A lawyer can also help you establish a experts to back 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 to be followed during procedures. This includes the statute of limitations which specifies a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed while evidence is still accessible and witnesses' memories are still fresh. Even if the lawsuit has a solid legal basis the case will be dismissed if filed after the statute has expired.

For birth injury victims, the statute of limitations is particularly important. A successful claim may provide the compensation needed for future and ongoing medical expenses, lost wages from missing work to take care of the child, as well as emotional anxiety. In certain circumstances, a jury or judge may also award punitive damage to punish defendants who have demonstrated excessive negligence.

A New York attorney who is familiar with birth injury claims should represent victims. They can investigate the accident and gather evidence, make an argument for negligence, and reach a settlement or go to trial if needed. In certain instances the defendant might try to dismiss a lawsuit by claiming that the statute of limitations has passed. A lawyer should be able to quickly determine if this is the case. If the matter involves a hospital that is public that is managed by local government, state or federal authorities in a different and possibly shorter time limits for statute of limitations may be in effect.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and the facts of the medical malpractice case. They also offer professional or specific opinions to help the jury to make a decision. They can do this because their knowledge and expertise is more detailed and trustworthy than the average person or one with no medical background.

A lawyer may hire an expert witness to review medical records, provide a testimony, and aid the lawyer in preparing the case. The expert would sign an affidavit, and then be able to testify 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 testimony must reflect the current medical knowledge at the time of the hearing. The expert should not criticize the performance that is within generally accepted practices or accept any performance that is not in the scope of those standards. Experts should be willing and able to submit transcripts of depositions and courtroom testimony to peers to be reviewed. They should not sign agreements in which the costs for their expert testimony are excessively expensive in comparison to the time and effort.

Parents who have a child who has suffered a serious birth injury can seek compensation for future care that the child will require, and injury also for past expenses that they have already paid for the care of the child. A reliable attorney can determine if negligence caused the child's injury at birth and secure compensation that can ease the financial burden on the family.