AAT Discussion Board

Birth Injury Litigation

Birth injuries can result in severe disabilities that can negatively impact your child's quality of life. The medical treatments they require could be costly and long.

A competent lawyer will file your lawsuit for birth injury, investigate the incident, collect evidence, and make a case of negligence. They may also represent you at settlement negotiations or in court if needed.

Settlements

In over 90% of medical malpractice cases, the plaintiffs and defendants reach a settlement agreement prior to the case going to trial. Both parties can avoid the high and stressful court costs and receive compensation for the plaintiff. In the event that an agreement cannot be reached, a jury will decide if the defendants owe the plaintiff any compensation and the amount of money they should pay.

The first step towards receiving financial compensation for a Hillsdale birth Injury lawsuit injury in your child is to prove the doctor who gave birth to your baby had an established professional relationship with you, and that he violated this obligation during the birthing procedure. This can be accomplished using medical records and hospital bills. Your lawyer will need to prove that the breach caused the injury to your child.

Once you have this evidence, your lawyer will submit an order package to defendants' malpractice insurance carriers. This document includes a letter detailing the child's injuries as well as supporting documentation. The malpractice insurer will review the request and decide whether to take it or leave it. If the demand is rejected then your lawyer will make a claim.

Your lawyer may suggest that in the case of a successful lawsuit for birth injuries, a percentage of the settlement or award is put into a special-needs fund. This will permit you to give future funds to your child to cover things like physical therapy, medication, and home modifications.

Trials

In certain instances, lawyers will try to reach a deal to settle the issue without going to court. Settlements offer the plaintiff with financial compensation and leads to an official agreement that ends the case.

A team of lawyers will collect evidence to prove that medical professionals did not meet a high level of care and caused injuries. Lawyers for defendants will also collect their own evidence to counter assertions. The attorneys will then meet one other to discuss a settlement amount. If a settlement can't be reached, the case will go to trial.

The trial process could take months or years to complete. Plaintiffs might be afflicted with pain, stress and even risk when they recall their child's west st paul birth injury law firm injury trauma. The winner could receive a substantial amount. A losing party may appeal the decision.

A birth injury lawyer with experience can make all the difference in your case. A lawyer can guarantee the best possible outcome through each step of the litigation process, from writing the demand letter, to filing the lawsuit, discovery, settlement negotiations and trial, or if needed, appeals. They can help you receive compensation that can change your life, and the lives of your family. A lawyer can also offer an expert witness network to support your claim. The legal team at Lipsitz Green will investigate your case to determine the reason for 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 limitations which sets a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed in the time evidence is available in physical form and the memories of witnesses are fresh. Even if a lawsuit has a solid legal foundation it can be dismissed if it is filed after the statute has expired.

The statute of limitations is important for victims of birth injuries. A successful lawsuit can offer compensation for the victim's current and future medical expenses as well as lost wages due to being away from work to take care of their child, and emotional distress. In certain cases, the judge or jury may also award punitive damages to punish defendants for an extreme lack of care.

The victims of birth injuries should have an New York attorney familiar with these types of claims. They can investigate the incident, gather evidence, create an argument for negligence, and settle the case or go to trial if needed. In some instances, a defendant may try to dismiss a lawsuit by claiming that the statute of limitations has run out. A lawyer will be able to swiftly determine if this is the situation. If the case involves public hospitals which are managed by state, local, 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 can assist jurors and judges comprehend the evidence and facts in the case. They are also able to provide expert or specialized opinions and conclusions to help them make an informed decision. They can do this because their experience and expertise is more specific and reliable than the average person or one who has no medical training.

Legal representatives can hire an expert witness to review medical records, provide a testimony, and aid the lawyer in putting together the case. The expert witness would then sign an affidavit and testify in court about their findings. An expert could be a hospital employee or health care professional at the institution of the defendant, or an outsider.

The expert's testimony must reflect the current state of medical knowledge in the case at the time. The expert should not condemn or condone the performance of a physician within generally accepted standards of practice. Experts should be prepared to submit transcripts of depositions and courtroom testimony for peer review. They should not sign agreements in which the costs for their expert testimony are inordinately expensive in comparison to the time and effort.

Parents of children with a severe birth injury may seek compensation for future medical care the child will require, as well as past costs they've already paid for the care of the child. A steadfast lawyer can determine if negligence was involved in the child's injury at birth and secure compensation that can reduce the financial burden for a family.