Birth Injury Compensation: The Good The Bad And The Ugly

Birth Injury Litigation

Birth injuries can result in severe disabilities that can negatively impact the quality of life of your child. The medical treatment they require can be costly and take a long time.

A good lawyer can make a birth injury lawsuit, investigate the incident and gather evidence, build a case for negligence and represent you during settlement negotiations or in court if necessary.

Settlements

In over 90% of medical malpractice cases, plaintiffs and defendants agree to an agreement to settle the case before the case goes to trial. Both parties can avoid the high and stressful court costs and receive compensation for the plaintiff. If a trial isn't possible, a jury can decide whether the defendants are liable to pay compensation and what amount.

The first step to receive financial compensation for birth injuries for your child is to establish that the doctor who gave birth to your child had a professional relationship with you and that he did not fulfill this duty during the birthing process. This can be done with medical documents and hospital bills. Your lawyer will also have to establish that the breach was responsible for the injuries of your child.

If you have the evidence, your lawyer will submit a demand form to the plaintiffs' malpractice insurers. This document includes a letter detailing the injury suffered by your child and any supporting evidence. The malpractice insurance company will look over the request and decide whether to decide whether or not to accept it. If the demand is rejected the lawyer will file a lawsuit.

Your lawyer may suggest that in the case of a successful lawsuit involving birth injury Law firms injury, a part of the settlement or award be placed into a special needs fund. This will enable your child to access future funds to fund things like medicine physical therapy, home modifications.

Trials

In some instances, attorneys will attempt to reach an agreement to settle the matter before going to court. A settlement is a formal agreement that resolves a dispute and pays compensation to the plaintiff.

An attorney's team will collect evidence to prove that medical professionals did not adhere to a high standard of care, causing an injury. Lawyers representing defendants will gather evidence of their own to counter assertions. The attorneys will meet to negotiate the terms of a settlement. If a settlement cannot be reached, the case will be taken to court.

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

A knowledgeable birth injury lawyer can make all the difference in your case. A lawyer can help you get the best possible outcome throughout the litigation process. From the writing of the demand letters, to filing the lawsuits and discovery, settlement negotiations and appeals, as well as trials when necessary an attorney can ensure the most favorable outcome. They can help you get compensation that will transform your life and the lives of your family. A lawyer can connect you to a an expert network to back your claim. The legal team at Lipsitz Green will investigate the case to determine what happened and fight for fair settlement.

Statute of Limitations

Medical professionals have their own set of rules to follow during procedures. This includes the statute of limitation which specifies a deadline for filing lawsuits. This limitation is designed to ensure that claims can be filed when evidence is still accessible and witnesses' memories are fresh. Even if a lawsuit has a solid legal basis the case can be dismissed if it is filed after the statute of limitations has expired.

For birth injury victims, the statute of limitations may be especially important. A successful lawsuit could provide compensation for current and future medical costs, lost wages from missing work to take care of the child, as well as emotional stress. In some cases, a jury or judge will also award punitive damages intended to punish defendants for their extreme negligence.

A New York attorney who is adept at defending birth injuries is required to represent the victims. They can conduct investigations and gather evidence to make a case of negligence or negotiate a settlement or Birth injury law Firms take the case to court if necessary. In some instances there is a possibility that a defendant will attempt to dismiss a lawsuit saying that the statute of limitations has expired. A lawyer should be able to quickly determine whether this is the case. If the case involves public hospitals which are managed by local, state or federal government the possibility of a separate, and shorter time limit may apply.

Expert Witnesses

In a medical malpractice case, expert witnesses help jurors and judges comprehend the evidence and facts in the case. They may also offer expert or specialized opinions to help the jury to make a choice. They are allowed to do this because their expertise is more reputable and detailed than those of a layperson or someone with no medical training.

A lawyer may hire an expert witness to review medical records, provide testimony, and assist the lawyer in preparing the case. The expert witness would then sign an affidavit, and testify in court regarding their findings. An expert could be an employee of the defendant's hospital, health care system, or someone who is not associated with the institution.

Expert testimony should reflect the state of medical knowledge at the time of the incident in the case. Experts should not criticize or condone performance within the generally accepted standards of practice. Experts should be prepared to submit transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign contracts that state that the costs for expert testimony are excessively expensive in comparison to the time and effort.

Parents of a child that has suffered a severe birth trauma may seek damages to cover the costs they'll be liable for their child's medical care, as well as any previous expenses that were caused. An experienced attorney can determine if negligence was the cause of the child's birth injury and obtain compensation that will alleviate the financial burden of the family.