The No. 1 Question Anyone Working In Birth Injury Compensation Should Know How To Answer

Birth Injury Litigation

Birth injuries can lead to severe disabilities that could affect your child's quality of life. Medical treatments can be expensive and lengthy.

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

Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants agree to an agreement on settlement before the case goes to trial. Both parties can avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial is not feasible, a jury will decide whether the defendants are liable to compensate the plaintiff and how much.

The first step towards receiving financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your child had a an established professional relationship with you and breached that obligation during the birthing procedure. This can be accomplished using medical records and hospital bills. Your lawyer will also have to establish that the breach caused your child's injuries.

Once you have the evidence, your attorney will send a set of demands to the malpractice insurance carriers of the defendants. This document contains a thorough letter detailing the injuries suffered by your child along with supporting documents. The malpractice carrier will then examine the request and either accept or deny it. If the demand is denied, your 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 needs trust. This will allow your child to access future funds for things such as medicine and physical therapy as well as home modifications.

Trials

In some instances lawyers will try to reach a deal to resolve the matter without going to court. A settlement is a formal agreement that resolves a case and provides compensation to the plaintiff.

An attorney's team will collect evidence to prove medical experts didn't adhere to a strict standard of care and caused injury. Lawyers for the defendants also gather evidence to refute the claims. The attorneys will meet to discuss the terms of a settlement. If no settlement can be reached, then the case will be taken to the court.

The trial process can take months or even years to complete. Plaintiffs could feel pain, stress and risk as they relive the trauma of their child's birth. The winning party could receive a large settlement. A losing party may appeal the decision.

A birth injury lawyer with experience 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 drafting of demand letters to filing the lawsuits or discovery, settlement negotiations, trial, or appeals If necessary a lawyer will ensure you get the best outcome. They can help you receive compensation that will change your life and that of your family. A lawyer can also help you establish a a network of expert witnesses to back your claim. The legal team at Lipsitz Green will investigate the case to determine what happened and fight for fair amount of compensation.

Statute of Limitations

The medical profession has its own set of rules to be adhered to during procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed as long as evidence is still available and the memories of witnesses are 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 limitations may be especially important. A successful lawsuit can offer compensation for the victim's current and future medical expenses as well as lost wages due to working less to take care of their child, and emotional stress. In some cases the judge or jury may also award punitive damages intended to punish defendants for committing a serious negligence.

Victims of birth injuries should have an New York attorney familiar with these types of claims. They can investigate and gather evidence to make a case of negligence, negotiate a settlement, or even go to court if needed. In some cases, a defendant might attempt to dismiss a case by asserting that the statute of limitations has run out. A lawyer can quickly determine whether this is the case. If the case involves public hospitals which are operated either by local, state or federal authorities there is a separate and shorter time limit could be in place.

Expert Witnesses

In the event of a medical malpractice case expert witnesses help jurors and judges to understand the evidence and facts in the case. They 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 precise and reliable than the average person or one who is not a medical professional.

Legal representatives can enlist an expert witness to examine medical records, provide a testimony and help the lawyer put together the case. The expert will then sign an affidavit as well as testify in court regarding their findings. An expert can be a hospital employee, health care professional at the defendant's facility, or an outsider.

An expert's report should reflect the current state of medical knowledge at the time of the incident. The expert should not condemn the performance that is within generally accepted practices or allow for performance that is in violation of the standards. Experts should be prepared and able to send transcripts of depositions and Birth Injuries courtroom testimony to their peers to be reviewed. They should not enter into contracts where the fees for their expert testimony are inordinately high relative to their time and effort.

Parents who have a child with a severe birth injury can seek damages for the future care that the child will require, and for any previous costs they've already paid to provide care for the child. A reliable attorney can determine whether negligence was the cause of the child's injuries at birth and obtain compensation that will alleviate the financial burden of the family.