Birth Injury Compensation: The Good The Bad And The Ugly

Birth Injury Litigation

Birth injuries can cause serious disabilities and affect the quality of life of your child. Medical treatments can be costly and can take a long time.

A competent lawyer will file your birth injury lawsuit, investigate the incident and gather evidence, build a case for negligence and assist you in settlement negotiations or at trial should it be necessary.

Settlements

In more than 90% of medical malpractice cases, the plaintiffs and defendants reach an agreement for settlement prior to going to trial. This lets both parties avoid the burdensome and costly court costs, and also gives the plaintiff a promise of a fair settlement. If a trial isn't possible, a jury can decide whether the defendants are responsible to pay compensation and in what amount.

The first step towards receiving financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your baby had an professional relationship with you, and he violated the duty of care during the birthing process. This can be accomplished through medical documents and hospital bills. Your lawyer must gather proof that the breach caused the injury to your child.

If you have evidence, your attorney will present a complete set of demands to the malpractice insurance carriers of the defendants. The document contains a letter detailing the child's injuries together with the supporting documentation. The malpractice insurer will review the request, and then either decide whether or not to accept it. If the demand is rejected, your lawyer will file a lawsuit.

If you are the victim of a successful birth injury law firms injury lawsuit the attorney you consult with may recommend placing part of your settlement or award into a special trust for children with disabilities. This will allow you to make future payments to your child to cover things such as physical therapy, medication, and home modifications.

Trials

In certain cases lawyers may try to reach a settlement to resolve the matter without having to go to court. A settlement is an agreement in writing that settles a case and provides compensation to the plaintiff.

A team of attorneys will collect evidence to prove that medical professionals did not adhere to a high level of care and caused injuries. The lawyers representing the defendants will also collect evidence to prove the allegations. The attorneys will then meet one other to discuss the amount of settlement. If a settlement cannot be reached then the case will go to trial.

The trial process can take a long time to complete. Plaintiffs may suffer from pain, stress and danger as they revisit their child's birth injury trauma. The winner could be awarded a substantial verdict. However, a losing party could appeal the decision.

A birth injury lawyer with years of experience can make all the difference in your case. A legal professional can ensure the best outcome through every stage of the litigation process, from the drafting of the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial or, if needed, appeals. They can assist you in obtaining compensation that will alter your life, and the lives of your family members. A lawyer can connect you to a a network of experts to back your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred and fight for fair compensation.

Statute of Limitations

The medical profession has its own set of rules to be adhered to during 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 physical evidence remains available and witnesses' memories are fresh. Even if the suit has a solid legal basis the case will be dismissed if it's filed after the statute has expired.

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

A New York attorney who is adept at defending birth injuries is required to represent the victims. They can investigate and birth injury lawsuit gather evidence to establish a case of negligence, negotiate a settlement, or take the case to court if required. In some cases there is a possibility that a defendant will attempt to dismiss a suit by claiming that the time limit 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 state, local, birth injury lawsuit or federal government in addition, a separate and shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can assist juries and judges better understand the evidence and the facts of the medical malpractice case. They also offer expert or specialized opinions to help the jury to make a choice. They can do this because their experience and expertise is more thorough and trustworthy than an average person or someone with no medical background.

Legal representatives can enlist an expert witness who will review medical records, give testimony and assist the lawyer put together the case. The expert would then be required to sign an affidavit and testify in court about their findings. An expert could be a hospital employee or health care professional at the institution of the defendant, or an outsider.

The expert's opinion must reflect the current medical knowledge available at the time. The expert should not condemn or condone performance within the generally accepted guidelines of practice. Experts should provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not enter into contracts where the fees for their expert testimony are disproportionately high in relation to the time and effort involved.

Parents of a child who has suffered a serious birth trauma can seek damages to pay for the future expenses they'll incur for the care of their child and any previous expenses that may have been paid for. A determined attorney can determine whether negligence was involved in the child's injury during birth and seek compensation to alleviate the financial burden of the family.