25 Shocking Facts About Birth Injury Compensation

Birth Injury Litigation

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

A good lawyer can file your birth injury lawsuit as well as investigate the incident, gather evidence, create a case for negligence and also represent you in settlement negotiations or in court if needed.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants come to an agreement to settle the case prior to going to trial. Both parties can avoid the costly and stressful court fees and receive compensation for the plaintiff. If a trial is not possible, a jury decides whether the defendants are accountable to pay compensation and how much.

The first step to receive financial compensation for a birth injury in your child is proving the doctor who delivered your baby had a professional relationship with you and that he breached this obligation during the birthing process. This can be done by using medical records and hospital invoices. Your lawyer will also have to gather evidence that the breach resulted in the injuries of your child.

Once you have this evidence Your lawyer will then send an order package to defendants' malpractice insurance carriers. This document includes a letter detailing the injury suffered by your child together with the supporting documentation. The malpractice insurance company will go through the request and either take it up or reject it. If the demand is rejected the lawyer will start a lawsuit.

If you are the victim of the outcome of a successful lawsuit for birth injuries the attorney you consult with may recommend placing a portion of your settlement or award in a special trust for children with disabilities. This will allow you to make future payments to your child for things like physical therapy, medicine and home modifications.

Trials

In some instances, attorneys will attempt to reach an agreement to resolve the matter before going to court. A settlement offers the plaintiff with financial compensation and ends in an official agreement that concludes the matter.

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 for the defendants will also gather their own evidence to disprove the claims. The attorneys will meet to negotiate the terms of a settlement. If no settlement can be reached, the case will be taken to the court.

The trial process could take months or years to be completed. Plaintiffs can suffer from pain, stress and anxiety as they try to relive their child's birth injury trauma. The winner could be awarded a huge verdict. But, a party that loses could appeal the decision.

A knowledgeable birth injury lawsuits injury lawyer can make a huge difference in your case. Legal professionals can guarantee the best result at every stage of the litigation process, from drafting the demand letter to filing the lawsuit and discovery, settlement negotiations and trial, should it be necessary, appeals. They can assist you in obtaining compensation that will alter your life and the lives of your family members. Lawyers can also provide an expert witness network to back your claim. The legal team at Lipsitz Green will investigate the case to determine what happened and fight for a fair amount of compensation.

Statute of limitations

Medical professionals have their own set of rules they must adhere to when performing procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories are fresh. Even if a lawsuit has a solid legal foundation it is dismissed if it is filed after the statute of limitations 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 as well as lost wages due to working less to care for their child, as well as emotional distress. In certain cases the judge or jury may also award punitive damages intended to penalize defendants who have committed a grave carelessness.

Victims of birth injuries should have a New York attorney familiar with these types of claims. They can investigate the accident and gather evidence, create a case for negligence, and reach a settlement or go to trial if needed. In some cases, a defendant might attempt to dismiss a suit by saying that the statute of limitations has run out. A lawyer is able to determine whether this is the case. If the case involves public hospitals, that are run by state, local, or federal governments the possibility of a separate, and much shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can help juries and judges understand the evidence and facts of the medical malpractice case. They may also provide expert opinions or inferences that can help them make a decision. They are able to offer their opinions because their knowledge is more reliable and thorough than those of a layperson or someone with no medical training.

Legal representatives can enlist an expert witness who will examine medical records, provide an account and assist the lawyer to put together the case. The expert will then sign an affidavit and testify in court regarding their findings. An expert could be a hospital employee, health care provider from the defendant's institution or an outsider.

Expert testimony should reflect the current state of medical knowledge at the time of the occurrence in the case. Experts should not rebuke actions that fall within generally accepted practice standards, nor should they accept any performance that is not in the scope of those standards. Experts should provide deposition transcripts and courtroom testimony for peer review. They should not sign any contracts that state that the costs for expert testimony are too high in comparison to the time and effort.

Parents of children suffering from a severe birth injury can seek compensation for future medical care their child will require, and also for past expenses they have already incurred to provide care for the child. A lawyer who is unwavering will determine if negligence the cause of a child's birth injury and obtain compensation to ease the family's financial burden.