Birth Injury Litigation

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

A good lawyer can make a birth injury lawsuit and investigate the incident to gather evidence, create a case for negligence and represent you in settlement negotiations or at trial if needed.

Settlements

In more than 90 percent of medical malpractice cases, plaintiffs and defendants come to a settlement agreement before going to trial. This helps both parties save money and stress-inducing court fees, and it gives the plaintiff a promise of compensation. If a trial is not possible, a jury decides whether the defendants have a duty to pay compensation and what amount.

The first step to receiving 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 acted in breach of this duty during the birthing procedure. You can prove this using medical records and hospital invoices. Your lawyer will also have to find evidence that shows the breach resulted in your child's injuries.

If you have the evidence, your lawyer will submit an offer to the defendants' malpractice carriers. The document will include a detailed letter describing your child's injuries along with supporting documents. The malpractice insurance company will go through the request and either accept or deny it. If the demand is rejected by your lawyer, they will start a lawsuit.

In the event of an outcome in a waterloo birth injury attorney injury lawsuit, your attorney may recommend placing part of your settlement or award in a special needs trust. This will permit you to provide future funds to your child for things such as physical therapy, medicine and home modifications.

Trials

In some instances, attorneys attempt to come to an agreement on how to settle the issue before going to court. A settlement is an agreement that is formal and resolves a case and provides compensation to the plaintiff.

A lawyer's team will collect evidence to show that medical professionals didn't meet a high standard of care and caused injury. Lawyers for the defendants will also collect evidence to prove the allegations. The attorneys will then meet with one the other to negotiate the amount of settlement. If a settlement can't be reached then the case will go to trial.

The trial process could take months, or years to complete. Plaintiffs may be afflicted with pain, stress and anxiety as they try to relive their child's birth injury trauma. The winner may be awarded an enormous amount. However, a losing party can appeal the decision.

A birth injury lawyer who has experience can make a significant difference in your case. A lawyer can guarantee the best result at every stage of the litigation process, from drafting the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, or Vimeo in the event of an appeal, if necessary. They can help you receive compensation that can change your life, and the lives of your family members. A lawyer can also provide experts to back your claim. The legal team at Lipsitz Green will investigate the case to determine what happened and fight for a fair compensation.

Statute of limitations

The medical profession has its own set of rules that must be adhered to in all procedures. These include the statute of limitations, that imposes a deadline for filing lawsuits. This limit is set to ensure that claims are filed in the time evidence is still available and the memories of witnesses are fresh. Even if the lawsuit is based on a solid legal foundation it will be dismissed if filed after the statute of limitations has expired.

For birth injury victims the statute of limitation may be especially important. A successful lawsuit could provide compensation for current and future medical expenses loss of wages due to the inability to work to take care of the child, and emotional distress. In certain cases a judge or jury may also award punitive damages to penalize defendants who have committed a grave negligence.

Birth injuries victims should have a New York attorney familiar with these types of claims. They can investigate and collect evidence to make a case of negligence, negotiate a settlement, or go to court if required. In certain instances, a defendant may try to dismiss a lawsuit claiming that the statute of limitation is over. A lawyer should be able quickly determine whether this is the situation. If the matter involves public hospitals that are run by local, state, or federal governments there is a separate and shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can help juries and judges to understand the evidence and facts of the medical malpractice case. They may also offer specialized or professional opinions to help jurors to make a decision. They are permitted to make this claim because their knowledge and expertise is more thorough and reputable than the average person or one who is not a medical professional.

Legal representatives can enlist an expert witness to review medical records, give testimony and assist the lawyer with the case. The expert will sign an affidavit and then testify in court. An expert could be an employee of the defendant's hospital, health care system, or an individual who is not associated with the institution.

The expert's testimony should reflect the current medical knowledge in the case at the time. The expert should not condemn any practice that is not in line with generally accepted practice standards, nor should they accept any performance that is not in the scope of those standards. 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 too expensive compared to the time and efforts involved.

Parents of a child who has suffered a serious birth trauma can seek damages to cover the future costs they will incur for their child's medical care, as well as any past expenses that have been incurred. A lawyer who stands by his word will determine if negligence was the cause of a child's birth injury, and then seek compensation to ease a family's financial burden.