20 Myths About Birth Injury Compensation: Dispelled

birth injury law firm Injury Litigation

Birth injuries can result in severe disabilities that can negatively impact the quality of life of your child. Medical treatments can be costly and lengthy.

A competent lawyer will start a lawsuit for birth injuries to investigate the incident, gather evidence, create an argument for negligence and represent you during settlement negotiations or at trial if needed.

Settlements

In more than 90 percent of medical malpractice cases, the plaintiffs and defendants agree to a settlement agreement before the case goes to trial. Both parties can avoid the expensive and stressful court fees and receive compensation for the plaintiff. If a trial isn't possible, a jury can decide whether the defendants are accountable to pay compensation and what amount.

The first step towards receiving financial compensation for your child's birth injury is proving that the doctor you hired to deliver your baby had a professional relationship with you and violated that obligation during the birthing procedure. This can be done by using medical records and hospital invoices. Your lawyer will have to gather proof that the breach led to your child's injuries.

Once you have this evidence and your lawyer has it, they will send a demand form to the defendants' malpractice insurance carriers. This document includes a letter detailing the injuries suffered by your child, and any supporting evidence. The malpractice carrier will then look over the request and decide whether to accept it or reject it. If the demand is denied, your lawyer will file suit.

In the event of a successful birth injury lawsuit your lawyer may suggest placing part of your settlement or award into a special needs trust. This will enable your child to access future funds to fund things like medicine and physical therapy as well as home modifications.

Trials

In certain cases, attorneys will attempt to find a solution to the issue before taking it to court. A settlement is an agreement that is formal and resolves a case and provides compensation to the plaintiff.

An attorney's team will seek evidence to prove that medical professionals didn't meet a high standard of care and triggered an injury. Lawyers representing defendants will gather evidence of their own to counter assertions. The attorneys will then meet with one other to discuss an amount for settlement. If a settlement isn't reached then the case will go to trial.

The trial process can take months or even years to be completed. Plaintiffs can feel pain, stress and danger as they revisit the trauma of their child's birth. The winning party could win a substantial amount. A losing party may appeal the decision.

A skilled lawyer for birth injuries can make all the difference in your case. A lawyer can assist you to obtain the best outcome at every stage of the litigation process. From the creation of demand letters, to filing the lawsuits or discovery, settlement negotiations and appeals, as well as trials when necessary a lawyer can ensure the most favorable outcome. They can assist you in obtaining compensation that will transform 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 cause of the injury occurred and fight for fair 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 which establishes a deadline for filing lawsuits. This limitation is designed to ensure that claims can be filed when evidence is still accessible and witnesses' memories are still fresh. Even if the suit has an established legal foundation, it is dismissed if it is filed after the statute has expired.

For victims of birth injuries, the statute of limitations could be particularly crucial. A successful claim can provide compensation for the victim's present and future medical expenses, lost wages due to being away from work to take care of their child, as well as emotional stress. In certain cases the judge or jury may also award punitive damages intended to penalize defendants who have committed a grave carelessness.

Birth injuries victims should have a New York attorney familiar with these types of claims. They can investigate the incident, gather evidence, present a case for negligence and negotiate a settlement or go to trial if necessary. In certain instances an accused party may try to dismiss a lawsuit claiming that the statute of limitations has expired. A lawyer will be able to swiftly determine whether this is the situation. If the case involves a public hospital that is run by local or federal government there could be separate and shorter statute of limitations could be in effect.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and the facts of the medical malpractice case. They are also able to provide expert opinions or inferences to help them make an informed decision. They are allowed to do this because their knowledge is more reliable and precise than that of a layperson, or someone who has no medical education.

A lawyer can engage an expert witness to review medical records, birth injuries provide a testimony, and aid the lawyer in putting together the case. The expert would sign an affidavit and then testify in the court. An expert could be an employee of the defendant's hospital, health care system, or someone who is not associated with the institution.

An expert's testimony should reflect the state of medical knowledge at the time of event in the case. Experts should not denounce actions that fall within generally accepted practice standards or allow for performance that is in violation of those standards. Experts should be prepared and able to provide transcripts from depositions or courtroom testimony to peers for review. They should not enter into contracts in which the fees for their expert testimony are inordinately expensive in comparison to the time and effort.

Parents who have a child who suffers a serious birth injury can claim damages for the future care that their child will require, in addition to any past expenses that they have already paid to provide care for the child. A lawyer who is unwavering will determine if negligence was at play in the birth injury, and then seek compensation to ease the family's financial burden.