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Birth Injury Litigation

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

A competent lawyer can bring a brawley birth injury Attorney injury lawsuit, investigate the incident and gather evidence, present an argument for negligence and also represent you in settlement negotiations or in court in the event of a trial.

Settlements

In over 90% of medical malpractice cases, the plaintiffs and defendants reach a settlement agreement before going to trial. Both parties will avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial is not feasible, a jury determines whether the defendants have a duty to pay compensation and how much.

The first step to receive financial compensation for birth injuries in your child is to prove the doctor who delivered your baby had a professional relationship with you, and that he violated this duty during the birthing process. This can be accomplished with medical documents and hospital bills. Your lawyer will also have to gather 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 demand package will contain a comprehensive letter that outlines the child's injuries as well as supporting documents. The malpractice insurance company will review the request, and then either decide whether or not to accept it. If the demand is rejected, your lawyer will make a claim.

If you are the victim of a successful birth injury lawsuit your lawyer may suggest placing the proceeds of your settlement or award into a special needs trust. This will allow your child to have access to future funds to fund things like medicine, physical therapy and home modifications.

Trials

In some instances, attorneys may try to reach an agreement to resolve the matter before going to court. A settlement is an agreement in writing that settles a dispute and pays compensation to the plaintiff.

A team of attorneys will collect evidence to prove that medical professionals failed to meet the highest standards of care, causing injury. Lawyers for defendants also collect evidence on their own to disprove allegations. The attorneys will then sit down with each the other to negotiate a settlement amount. If a settlement isn't reached, the case will go to court.

The trial process could last for months or even years to complete. Plaintiffs can be afflicted with pain, stress and anxiety as they try to relive their child's birth injury trauma. The winning party may receive a substantial amount. The losing party can appeal the decision.

A birth injury lawyer with years of experience can make a big difference in your case. Legal professionals can guarantee the best possible outcome through each stage of the litigation process, from the drafting of the demand letter, to filing the lawsuit or discovery, negotiation of settlement and trial, and should it be necessary, appeals. They can assist you in getting life-changing compensation for your family's needs. A lawyer can also offer a network of expert witnesses to prove 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 that they must follow when conducting procedures. These include the statute of limitations, which imposes a time limit for filing lawsuits. This limit is intended to ensure that claims can be filed while evidence is still available and witnesses' memories remain fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed will be dismissed, even the case has a solid legal basis.

The statute of limitations can be crucial for those suffering from birth injuries. A successful lawsuit could provide compensation for current and future medical costs as well as lost wages due to missing work to care for the child, and emotional stress. In certain cases, a jury or judge may also award punitive damages intended to punish defendants for extreme negligence.

A New York attorney who is well-versed in birth injury claims is required to represent the victims. They are able to investigate the incident and gather evidence, create an argument for negligence, and seek a settlement or go to trial if necessary. In some instances, a defendant may try to dismiss a lawsuit claiming that the statute of limitation has passed. A lawyer should be able quickly determine whether this is the situation. If the case involves public hospitals, which are operated by state, local, or federal authorities, a separate and possibly much shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and facts of the medical malpractice case. They can also provide expert or professional opinions and inferences to assist them in making a decision. They are allowed to do this because their knowledge and expertise is more specific and trustworthy than the average person or one with no medical background.

Legal representatives can enlist an expert witness who will examine medical records, provide an opinion and help the lawyer with the case. The expert witness would then sign an affidavit and be present in court regarding their findings. An expert could be an internal employee of the defendant's hospital, health care system, or an individual outside that institution.

The expert's report must reflect the current medical knowledge available at the time of the hearing. Experts should not criticize or excuse any action that is not in line with generally accepted standards of practice. Experts should be prepared and able to submit transcripts of depositions or courtroom testimony to peers to be reviewed. They should not be a part of contracts where the fees for expert testimony are excessively high compared to their time and effort.

Parents of children who has suffered a serious bisbee birth injury lawsuit injury may claim damages for the future care that their child will require and for any previous expenses they have already paid to provide care for the child. A determined attorney can determine if negligence was the cause of the child's injury at birth and obtain compensation that will help ease the financial burden of the family.