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This Is The Ugly Reality About Birth Injury Compensation
Birth Injury Litigation

Birth injuries can cause severe disabilities that could affect your child's quality of life. Medical treatments can be expensive and can take a long time.

A good lawyer can bring a birth injury lawsuit and investigate the incident to collect evidence, make an argument for negligence and represent you during settlement negotiations or in court should it be necessary.

Settlements

In a majority of medical malpractice cases, the plaintiff and defendant reach a settlement prior to the case is even tried. Both parties are able to avoid the expensive and stressful court fees and receive compensation for the plaintiff. If a trial is not feasible, a jury will decide whether the defendants are liable to pay compensation and what amount.

The first step to receive 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 obligation during the birthing procedure. This can be done with medical documents and hospital bills. Your lawyer will also have to collect evidence that proves the breach caused the injuries to your child.

Once you have this evidence and your lawyer has it, they will send an order package to defendants' malpractice carriers. This document contains a thorough letter detailing the injuries suffered by your child along with any supporting documents. The malpractice insurance company will go through the request and either take it up or reject it. If the demand is rejected by your lawyer, they will make a claim.

In the event of an outcome in a birth injury lawsuit your lawyer may suggest placing a portion of your settlement or award in a special trust for children with special needs. This will allow you to grant future funds to your child for things like physical therapy, medication, and home modifications.

Trials

In some instances, lawyers will try to reach a settlement to settle the issue without a court appearance. A settlement is an agreement that is formal and resolves the case and offers compensation to the plaintiff.

An attorney's team will collect evidence to prove medical professionals did not adhere to a high standard of care and caused an injury. Lawyers representing the defendants will also gather evidence to counter the claims. The attorneys will meet to negotiate an agreement. If no settlement can be reached, then the case will go to court.

The trial process can be lengthy or take years to be completed. It can be stressful, dangerous and painful for plaintiffs as they relive the trauma of their child's birth trauma. The winner could receive a substantial amount. The losing side can file an appeal of the decision.

A birth injury lawyer with years of experience can make a significant difference in your case. A lawyer can help you obtain the best outcome throughout the litigation process. From drafting the demand letters, to filing the lawsuits and discovery, settlement negotiations, trial, or appeals should they be required A legal professional will ensure you get the best outcome. They can help you obtain compensation that will alter your life as well as the lives of your family. Lawyers can also provide an expert witness network to prove your claim. The legal team of Lipsitz Green will investigate the case to determine the cause and fight for fair amount of compensation.

Statute of Limitations

Medical professionals have their own set of rules they must adhere to in their procedures. This includes the statute of limitations, that imposes a deadline for filing lawsuits. This limit is designed to ensure that claims are filed while physical evidence remains available and witnesses' memories are fresh. Even if the lawsuit is based on a solid legal basis, it will be dismissed if filed after the statute has expired.

For victims of birth injuries the statute of limitations can be crucially important. A successful claim could result in compensation for the victim's current and future medical expenses and lost wages resulting from working less to take care of their child, as well as emotional stress. In some cases, a jury or judge will also award punitive damages intended to punish defendants for their extreme inattention to detail.


Victims of birth injuries should have an New York attorney familiar with these kinds of claims. They can investigate the accident and gather evidence, make an argument for negligence, and reach a settlement or go to trial if needed. In some instances the defendant might try to dismiss a case claiming that the statute of limitations has run out. A lawyer can quickly determine when this is the case. If the situation involves a public hospital that is managed by local, state or federal governments the possibility of a separate and shorter time limits for statute of limitations could apply.

Expert Witnesses

In the event of a medical malpractice case expert witnesses can assist jurors and judges comprehend the evidence and the facts in the case. They also offer specialized or professional opinions that help the jury to make a decision. They are able to do this because their expertise is more reliable and detailed than the knowledge of a layperson or someone with no medical training.

A legal representative may retain an expert witness to review medical records, offer a testimony, and aid the lawyer in putting together the case. The expert would sign an affidavit, and then be able to testify in the court. An expert could be an employee of the defendant's hospital or health care system, or an individual who is not employed by the institution.

An expert's report should reflect the current state of medical knowledge at the time of the incident in the case. The expert should not condemn actions that fall within generally accepted practice standards or accept any performance that is not in the scope of those standards. Experts should be able to provide deposition transcripts as well as courtroom testimony for peer review. They should not sign agreements in which the costs for their expert testimony are disproportionately high in relation to the time and effort involved.

Parents of children with a severe birth injury may be able to seek compensation for future care that the child will require, and for any previous expenses they have already paid to provide care for the child. A reliable attorney can determine whether negligence was the cause of the child's injury at birth and obtain compensation that will ease the financial burden on families.

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