25 Surprising Facts About Birth Injury Compensation

Birth Injury Litigation

Birth injuries can result in serious disabilities that can affect the quality of life of your child. The medical treatments they require could be costly and take a long time.

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

Settlements

In more than 90% of medical malpractice cases, the plaintiffs and defendants sign an agreement for settlement before going to trial. Both parties can avoid high and stressful court costs and receive compensation for the plaintiff. In the event that the trial is not able to be concluded the jury will decide whether the defendants owe the plaintiff compensation and how much they must pay.

The first step to receive financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your baby was in an established professional relationship with you, and he violated that obligation during the birthing procedure. You can do this by using medical documents and hospital invoices. Your lawyer must collect evidence that the breach led to the injuries to your child.

If you have evidence, your attorney will present a complete set of demands to the malpractice insurers of the defendants. This document includes a written statement detailing the child's injuries and any supporting evidence. The malpractice insurance company will look over the request, and either accept or reject it. If the demand is denied your lawyer will file a lawsuit.

Your lawyer might suggest that, in the event of a successful lawsuit to remedy birth injuries - read this blog post from Dmonster,, a portion of the settlement or award be placed into a special needs fund. This will permit you to grant future funds to your child to cover things such as physical therapy, medicine, and home modifications.

Trials

In certain instances lawyers may try to negotiate a settlement to resolve the matter without a court appearance. A settlement is a formal agreement that resolves a case and provides compensation to the plaintiff.

An attorney's team will seek evidence to show that medical professionals didn't meet a high standard of care and triggered an injury. Lawyers representing the defendants will also gather evidence to counter the claims. The attorneys will then meet one and negotiate the amount of settlement. If no settlement can be reached the case will go to trial.

The trial process could last for months or even years to be completed. Plaintiffs can experience stress, pain and risk as they relive the trauma of their child's birth injury law firm. The winner could be awarded a substantial verdict. A losing party may appeal the decision.

A birth injury lawyer with years of experience can make a significant difference in your case. A legal professional can help you get the best result at every stage of the litigation process, from the drafting of the demand letter to filing the lawsuit and discovery, settlement negotiations and trial or, should it be necessary, appeals. They can help you get compensation that can change your life and the lives of your family. Lawyers can also provide an expert witness network to support your claim. The legal team of Lipsitz Green will investigate the case to determine the cause and fight for fair settlement.

Statute of limitations

Medical professionals have their own set of rules that they must follow when conducting procedures. This includes the statute of limitation that sets a time limit for filing lawsuits. This limit is designed to ensure that claims are filed as long as evidence in the physical remains 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.

The time limit for filing a claim can be important for victims of birth injuries. A successful case could result in compensation for future and current medical expenses as well as lost wages due to missing work in order to take care of the child, as well as emotional stress. In certain circumstances, a judge or jury could also award punitive damages to punish defendants for extreme negligence.

A New York attorney who is adept at defending birth injuries should represent the victims. They can investigate the accident and collect evidence, build a case for negligence and reach a settlement or go to trial if necessary. In certain situations an accused party may try to dismiss a case by saying that the statute of limitations has run out. A lawyer will be able to swiftly determine whether this is the case. If the case involves a public health facility, which are operated by local government, state or federal authorities the possibility of a separate and shorter statute of limitations could be in effect.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and facts of the medical malpractice case. They can also provide expert opinions or conclusions to help them make an informed decision. They are able to offer this advice because their knowledge and expertise is more detailed and reliable than that of the average person or one who is not a medical professional.

A lawyer may hire an expert witness to review medical records, offer a testimony, and aid the lawyer in preparing the case. The expert witness would then sign an affidavit and testify in court regarding their findings. An expert could be an 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 incident. Experts should not rebuke actions that fall within generally accepted practice standards, nor should they allow for performance that is in violation of those standards. Experts should be prepared to submit transcripts of depositions and courtroom testimony for peer review. They should not sign agreements where the fees for expert testimony are too expensive compared to the time and efforts involved.

Parents of children with a severe birth injury may be able to seek compensation for the future care that their child will require, and also for past expenses they have already paid to provide care for the child. An experienced lawyer can determine if negligence was involved in the child's injury at birth and secure compensation that can reduce the financial burden for the family.