Katrina Bischof asked 2 months ago
Birth Injury Litigation
Birth injuries can cause severe disabilities that could affect the quality of life of your child. Medical treatments can be costly and can take a long time.
A competent 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 in court if necessary.
Settlements
In more than 90 percent of medical malpractice cases, plaintiffs and defendants sign an agreement on settlement prior to the case going to trial. This helps both parties save money and stress-inducing court costs, and provides the plaintiff with a guarantee of compensation. If a trial isn’t possible, a jury decides whether the defendants are responsible to pay compensation and how much.
The first step to receiving financial compensation for birth injuries in your child is to prove the doctor who gave birth to your baby had an established professional relationship with you and that he acted in breach of this obligation during the birthing process. This can be done with medical records and hospital bills. Your lawyer must collect evidence that the breach was responsible for your child’s injuries.
If you have the evidence and your lawyer has it, they will send an offer to the defendants’ malpractice insurance carriers. The document will include a letter detailing the injuries suffered by your child, together with the supporting documentation. The malpractice insurance company will look over the demand, and accept or reject it. If the demand is denied the lawyer will file suit.
In the event of a successful birth injury lawsuit Your attorney might suggest placing a portion of your settlement or award in a special trust for children who require special. This will allow your child to access funds in the future for things like medicines, physical therapy and home modifications.
Trials
In some instances lawyers may try to reach a deal to resolve the matter without having to go to court. Settlements offer the plaintiff with financial compensation and results in an official agreement that resolves the case.
A team of attorneys will gather evidence to show that medical professionals did not meet the standards of care and aggravated injuries. Lawyers for defendants will also gather evidence of their own to prove the assertions. The attorneys will then meet one the other to negotiate a settlement amount. If a settlement can’t be reached then the case will go to trial.
The trial process can take months or even years to complete. Plaintiffs might suffer from pain, stress and danger as they revisit their child’s birth injury law firm injury trauma. The winning party may receive an award of a significant amount. The losing side can appeal the decision.
An experienced birth injury lawyer can make all the difference in your case. A legal professional can ensure the best outcome through every stage of the legal process, starting with the creation of the demand letter to filing the lawsuit and discovery, birth Injury lawsuit settlement negotiations and trial or, when necessary, appeals. They can help you obtain compensation that will alter your life, and the lives of your family. A lawyer can also offer experts to support your claim. The legal team of Lipsitz Green will investigate the case to determine what transpired and fight for a fair settlement.
Statute of Limitations
The medical profession has its own set of rules that must be followed during procedures. This includes the statute of limitations which imposes a time limit for filing lawsuits. This limit is designed to ensure that claims are filed when physical evidence remains available and witnesses’ memories are fresh. A lawsuit that is filed after the time limit has expired is dismissed even when it has a solid legal basis.
The statute of limitations can be important for birth injuries. A successful lawsuit could provide the compensation needed for future and ongoing medical expenses loss of wages due to the inability to work in order to care for the child, as well as emotional distress. In some cases, a jury or judge will also award punitive damages to punish defendants for committing a serious carelessness.
Birth injuries victims should have a New York attorney familiar with these types of claims. They can conduct an investigation and gather evidence to prove a case of negligence, negotiate a settlement, or take the case to court if necessary. In some cases there is a possibility that a defendant will attempt to dismiss a lawsuit by saying that the statute of limitations has run out. A lawyer should be able to quickly determine whether this is the case. If the case involves a public health facility, which are operated by local government agencies, whether federal or state-based in a different and possibly shorter statute of limitations could apply.
Expert Witnesses
Expert witnesses can help juries and judges better understand the evidence and the facts of a medical malpractice case. They also offer expert or specialized opinions that help the jury to make a decision. They are allowed to offer their opinions because their knowledge is more reliable and detailed than those of a layperson or someone who is not trained in medical sciences.
Legal representatives can hire an expert witness to review medical records, offer a testimony, and aid the lawyer in putting together the case. The expert will then sign an affidavit and be present in court regarding their findings. An expert could be a hospital employee, health care professional at the defendant’s facility, or an outsider.
The expert’s testimony must reflect the current state of medical knowledge at the time of the hearing. The expert should not criticize performance that falls within generally accepted practices or condone performance that is outside of the standards. Experts should be willing and able to provide transcripts from depositions or courtroom testimony to peers for review. They should not sign agreements where the fees for expert testimony are too high in comparison to the time and effort.
Parents of a child that has suffered a serious birth trauma can seek damages to pay for the future expenses they’ll incur to care for their child and any past expenses that were that they have incurred. A reliable attorney can determine whether negligence was the cause of the child’s injuries at birth and seek compensation to ease the financial burden on families.