"Ask Me Anything": Ten Answers To Your Questions About Birth Injury Compensation

Birth Injury Litigation

Birth injuries can cause severe disabilities that can negatively impact your child's quality of life. Medical treatments can be costly and lengthy.

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

Settlements

In a majority of medical malpractice lawsuits, the defendant and plaintiff reach an agreement before the case is heard. Both parties will avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial cannot be reached the jury will decide if the defendants owe the plaintiff compensation and how much the amount they are required to pay.

The first step toward receiving the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your baby had an official relationship with you and violated the duty of care during the birthing procedure. This can be accomplished through medical records and hospital bills. Your lawyer will also need to find evidence that shows the breach resulted in the injuries of your child.

If you have evidence, your attorney will send a set of demands to the malpractice insurers of the defendants. This document includes a letter detailing your child's injuries, together with the supporting documentation. The malpractice insurer will review the request, and either decide whether or not to accept it. If the demand is denied the lawyer will file suit.

Your lawyer may suggest that, in the case of a successful lawsuit for birth injuries, a portion of the settlement or award be put into a special needs fund. This will allow your child to access funds in the future to fund things like medicine, physical therapy and home modifications.

Trials

In some instances lawyers will attempt to reach a settlement to resolve the matter without a court appearance. Settlements provide financial compensation to a plaintiff and is a formal agreement that ends the matter.

A team of lawyers will collect evidence to prove that medical professionals did not adhere to a high level of care and aggravated injuries. Lawyers for the defendants also gather evidence to counter the claims. The attorneys will then meet with one other to negotiate a settlement amount. If a settlement cannot be reached, the case will go to the court.

The trial process could take months or years to be completed. It can be stressful, risky and painful for plaintiffs as they go through the trauma of their child's birth trauma. The winning side may be awarded a large verdict. A losing party could appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. Legal professionals can guarantee the best outcome at every step of the litigation process, from writing the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, in the event of an appeal, if necessary. They can help you get compensation that will transform your life, and the lives of your family members. A lawyer can also provide a network of expert witnesses to support your claim. The legal team at Lipsitz Green will investigate your claim 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 performing procedures. This includes the statute of limitation, which sets a deadline for birth injury Lawyer filing lawsuits. This limit is set to ensure that claims are filed as long as evidence is still available and the memories of witnesses are fresh. Even if the lawsuit has a solid legal basis, it can be dismissed if it is filed after the statute of limitations has expired.

The statute of limitations can be important for victims of birth injuries. A successful lawsuit could provide the right to compensation for future and present medical expenses and lost wages resulting from the absence of work to care for the child, and emotional anxiety. In certain cases the judge or jury may also award punitive damages to punish defendants for committing a serious negligence.

The victims of birth injuries should have an New York attorney familiar with these kinds of claims. They can investigate and gather evidence to prove a case of negligence, negotiate a settlement, or even go to court if necessary. In certain situations, a defendant might attempt to dismiss a suit by saying that the statute of limitations has run out. A lawyer will be able to quickly determine whether this is the case. If the case involves a public hospital that is run by local, state or federal governments in a different and possibly shorter time-limits could apply.

Expert Witnesses

In the case of medical malpractice, expert witnesses help jurors and judges to understand the evidence and the facts of the case. They may also provide specialized or professional opinions and inferences to assist them in making an informed decision. They are allowed to do so because their knowledge is more reliable and thorough than those of a layperson or someone without medical training.

A lawyer may hire an expert witness to review medical records, offer a testimony, and aid the lawyer in preparing the case. The expert would sign an affidavit and then appear in court. An expert could be an employee of the defendant's hospital, health care system, or a person who is not associated with the institution.

The expert's testimony should reflect the current state of medical knowledge at the time. The expert should not denigrate or accept the practice as a whole within generally accepted guidelines of practice. Experts should be willing to submit transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign agreements where the fees for their expert testimony are inordinately high relative to their time and effort.

Parents who have a child who suffers a serious birth injury lawsuits injury may be able to seek damages for the future care that the child will require, in addition to any past costs they've already paid for the care of the child. A steadfast lawyer can determine if negligence was the cause of the child's birth injury and seek compensation to help ease the financial burden of a family.