Birth Injury Compensation: The Good The Bad And The Ugly

Birth Injury Litigation

Birth injuries can cause severe disabilities and impact the quality of life of your child. Medical treatments can be costly and lengthy.

A competent lawyer can bring a birth injury lawsuit to investigate the incident, gather evidence, present a case for negligence and represent you during settlement negotiations or at trial in the event of a trial.

Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants agree to an agreement for settlement before the case goes to trial. Both parties will avoid expensive and stressful court fees and receive compensation for the plaintiff. If a trial is not feasible, a jury will decide whether the defendants are responsible to pay compensation and Birth Injury Litigation how much.

The first step to receiving financial compensation for a birth injury in your child is to prove the doctor who gave birth to your child had a professional relationship with you and that he breached this obligation during the birthing procedure. This can be accomplished with medical records and hospital bills. Your lawyer will also need to gather evidence that the breach was responsible for your child's injuries.

Once you have this evidence Your lawyer will then send an order package to plaintiffs' malpractice insurers. This document includes a written statement detailing your child's injuries, along with supporting documentation. The malpractice insurer will examine the request and either accept or deny it. If the demand is rejected, your lawyer will bring a lawsuit.

If you are the victim of an outcome in a birth injury compensation injury lawsuit the attorney you consult with may recommend placing part of your settlement or award in a special trust for children with disabilities. This will enable you to make future payments to your child to cover things such as medicine, physical therapy, and home modifications.

Trials

In some cases lawyers will attempt to reach a deal to settle the issue without a court appearance. Settlements provide financial compensation to a plaintiff and leads to an official agreement that concludes the matter.

A lawyer's team will collect evidence to show that medical professionals did not adhere to a high standard of care, causing an injury. Lawyers for the defendants will also gather evidence to refute the claims. The attorneys will meet to negotiate the terms of a settlement. If no settlement can be reached then the case will go to trial.

The trial process may be lengthy or take years to complete. Plaintiffs might experience stress, pain and danger as they revisit their child's birth injury trauma. The winning side may receive a large settlement. A losing party can appeal the decision.

A skilled 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 writing of the demand letters, to filing the lawsuits or discovery, settlement negotiations or appeals when necessary an attorney can ensure the most favorable outcome. They can help you obtain compensation that can change your life as well as the lives of your family. A lawyer can provide you with experts to back your claim. The legal team at Lipsitz Green will investigate your case to determine how the injury occurred and fight for fair compensation.

Statute of limitations

Medical professionals have their own set of rules they must adhere to when conducting procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories remain fresh. A lawsuit filed after the statute of limitations has expired will be dismissed even when it has a solid legal basis.

For birth injury victims the statute of limitation could be particularly crucial. A successful claim can provide compensation for the victim's present and future medical expenses, lost wages due to being away from work to take care of their child, as well as emotional stress. In certain instances, the judge or jury could also award punitive damages to punish defendants who have shown excessive negligence.

The victims of birth injury lawyers injuries should have an New York attorney familiar with these types of claims. They can investigate the accident and gather evidence, present an argument for negligence, and seek a settlement or go to trial if needed. In certain situations the defendant may attempt to dismiss a lawsuit arguing that the statute of limitations has run out. A lawyer should be able to quickly determine if this is the situation. If the situation involves public hospitals that are run by local, state or federal governments, a separate and possibly shorter statute of limitations could apply.

Expert Witnesses

In a medical malpractice case, expert witnesses help jurors and judges comprehend the evidence and the facts in the case. They may also offer expert or specialized opinions to help jurors make a decision. They can make this claim because their knowledge and expertise is more specific and reliable than that of an average person or someone who is not a medical professional.

A legal representative can retain an expert witness who will examine medical records, provide an account and assist the lawyer put together the case. The expert would then sign an affidavit, and testify in court about their findings. An expert could be an internal employee of the defendant's hospital or health care system, or an individual outside that institution.

An expert's testimony should reflect the current state of medical knowledge at the time of the occurrence in the case. The expert should not criticize the performance that is within generally accepted practice standards, nor should they support performance that is outside of the standards. Experts should be willing to provide transcripts of depositions and courtroom testimony for peer review. They should not enter into agreements in which the costs for their expert testimony are inordinately expensive in comparison to the time and effort involved.

Parents who have a child with a severe birth injury may claim damages for the future care that their child will require as well as past expenses they have already incurred for the care of the child. A lawyer who is steadfast can determine if negligence was the cause of a child's birth injury compensation injury, and then seek compensation to ease a family's financial burden.