[email protected] – https://vimeo.com/707155917

Birth Injury LitigationBirth injuries can lead to serious disabilities that can affect the quality of life of your child. The medical treatments that they require can be costly and take a long time.A good lawyer can bring a birth injury lawsuit as well as investigate the incident, collect evidence, make the case for negligence, and represent you during settlement negotiations or in court if necessary.SettlementsIn more than 90% of medical malpractice cases, the plaintiffs and defendants come to an agreement for settlement prior to going to trial. This lets both parties avoid expensive and stressful court fees, and it provides the plaintiff with a guarantee of compensation. In the event that a trial cannot be reached the jury will decide if the defendants owe the plaintiff compensation and how much amount they have to pay.The first step to receiving financial compensation for a birth 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 did not fulfill this obligation during the birthing process. This can be done with medical records and hospital bills. Your lawyer will have to prove that the breach led to your child’s injuries.If you have the evidence and your lawyer has it, they will send a demand form to the defendants’ malpractice insurance carriers. The document contains a letter detailing the injury suffered by your child together with the supporting documentation. The malpractice insurance company will review the demand, and accept or reject it. If the demand is rejected the lawyer will start a lawsuit.Your lawyer may suggest that in the case that a lawsuit is successful for birth injuries, a percentage of the settlement or award be placed in a special needs fund. This will enable your child to have access to future funds for things like medicine and physical therapy as well as home modifications.birth injury attorneys hammondIn some cases, lawyers will attempt to find a solution to the matter before going to court. Settlements provide financial compensation to a plaintiff and leads to an official agreement that concludes the matter.A team of lawyers will collect evidence to prove that medical professionals did not adhere to the highest standards of care and caused injury. The lawyers representing the defendants will also gather their own evidence to refute the claims. The attorneys will then meet one the other to negotiate a settlement amount. If a settlement isn’t reached, the case will go to trial.The trial process can take months or even years to complete. It can be stressful, risky and painful for plaintiffs as they go through the trauma of their child’s birth injuries. The winning party could be awarded a substantial verdict. The losing side can appeal the decision.A birth injury lawyer who has experience can make a big difference in your case. A lawyer can help you obtain the best outcome at every stage of the litigation process. From the writing of the demand letters to filing 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 transform your life and the lives of your family members. A lawyer can also offer an expert witness network to back your claim. The legal team at Lipsitz Green will investigate your case to determine how the injury occurred and fight for fair compensation.Statute of limitationsMedical professionals have their own set of rules to adhere to in their procedures. This includes the statute of limitation which specifies a deadline for filing lawsuits. This limitation is designed to ensure that claims are filed as long as evidence is still available and the memories of witnesses are fresh. A lawsuit that is filed after the time limit has expired will be dismissed even when it has a solid legal basis.For birth injury victims, the statute of limitations is particularly important. A successful claim could award the compensation needed for future and ongoing medical costs as well as lost wages due to missing work in order to take care of the child, as well as emotional distress. In some cases a judge or jury will also award punitive damages intended to punish defendants for committing a serious inattention to detail.Victims of birth injuries should have a New York attorney familiar with these kinds of claims. They can conduct investigations and gather evidence to establish a case of negligence or negotiate a settlement or go to court if required. In some cases there is a possibility for a defendant to dismiss a lawsuit by claiming that the statute of limitations has run out. A lawyer is able to determine if this is the case. If the situation involves public hospitals that are run by local, state, or federal authorities there is a separate and shorter statute of limitations could apply.Expert WitnessesIn a medical malpractice case, expert witnesses can assist jurors and judges comprehend the evidence and the facts of the case. They may also offer professional or expert opinions to help the jury make a decision. They are able to offer their opinions because their knowledge is more reputable and detailed than those of a layperson or someone who has no medical education.A lawyer can engage an expert witness to examine medical records, provide an account and assist the lawyer in putting together the case. The expert would sign an affidavit, and then appear in the court. An expert could be an internal employee of the defendant’s hospital or health care system, or someone who is not employed by the institution.An expert’s testimony should reflect the current state of medical knowledge at the time of the occurrence in the case. The expert should not denigrate or condone the performance of a physician within generally accepted standards of practice. Experts should be prepared and able submit transcripts of depositions or courtroom testimony to their peers for review. They should not sign any contracts that state that the costs for expert testimony are excessively expensive in comparison to the time and effort.Parents who have a child who suffers a serious birth injury can seek damages for the future medical care the child will require, in addition to any past expenses they have already incurred for the care of the child. A lawyer who is unwavering will determine if negligence was at play in the birth injury and obtain compensation to ease the family’s financial burden.