Birth Injury Litigation
Birth injuries can lead to serious disabilities and can affect the quality of life for your child. Medical treatments can be expensive and take a long time.
A good lawyer will file a lawsuit for birth injury, study the incident, collect evidence, and then make a case of negligence. They can also represent you during settlement negotiations or in court if necessary.
Settlements
In a majority of medical malpractice cases, the plaintiff and defendant agree to a settlement prior to the case is tried. Both parties will avoid costly and stressful court fees and receive compensation for the plaintiff. If a trial is not possible, a jury can decide whether the defendants are liable to pay compensation and what amount.
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 acted in breach of this duty during the birthing process. This can be accomplished with medical records and hospital bills. Your lawyer will need to collect evidence that the breach led to the injury to your child.
If you have the evidence Your lawyer will then send an order package to defendants’ malpractice companies. This document includes a detailed letter detailing the injuries suffered by your child and the supporting documents. The malpractice company will examine the request and either accept or deny it. If the demand is rejected, your lawyer will file a lawsuit.
Your lawyer might suggest that in the event of a successful lawsuit for birth injury, a portion of the settlement or award be placed into a special needs fund. This will enable your child to use the funds to fund things like medicine or physical therapy as well as home modifications.
Trials
In certain cases, lawyers will try to negotiate a settlement to resolve the matter without having to go to court. A settlement is a formal agreement that resolves a dispute and pays compensation to the plaintiff.
An attorney’s team will seek evidence to show that medical experts didn’t adhere to a strict standard of care and caused an injury. Lawyers for the defendants will also gather evidence to prove the allegations. The attorneys will meet to discuss for a settlement. If a settlement is not reached, then the case will go to court.
The trial process could be lengthy or take years to be completed. It can be stressful, risky and painful for plaintiffs as they go through the trauma of their child’s San Leandro Birth Injury Law Firm injuries. The winner could receive a large award. A losing party may appeal the decision.
A knowledgeable livingston birth injury attorney injury lawyer can make all the difference in your case. A lawyer can guarantee the best outcome at every step of the legal process, starting with the creation of the demand letter, to filing the lawsuit, discovery, settlement negotiations and trial or, in the event of an appeal, if necessary. They can help you obtain the life-changing amount of compensation your family requirements. A lawyer can provide you with a experts to back your claim. The legal team at Lipsitz Green will investigate your case to determine the reason for the injury occurred and fight for fair compensation.
Statute of Limitations
Medical professionals have their own set of rules they must adhere to when performing procedures. This includes the statute of limitations, which sets 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 remain fresh. Even if the lawsuit has a solid legal basis the case can be dismissed if it is filed after the statute has expired.
For birth injury victims, the statute of limitations can be crucially important. A successful claim can provide compensation for the victim’s present and future medical expenses and lost wages resulting from missing work to care for their child, as well as emotional distress. In certain cases, the judge or jury could also award punitive damages to punish defendants who have demonstrated the most reckless of negligence.
A New York attorney who is familiar with birth injury claims is required to represent the victims. They can conduct investigations and gather evidence to establish a case of negligence or negotiate a settlement or take the case to court if needed. In certain instances there is a possibility for a defendant to dismiss a lawsuit claiming that the statute of limitations has passed. A lawyer will be able quickly determine if this is the situation. If the situation involves a public hospital that is operated by local, state or federal governments the possibility of a separate and shorter statute of limitation periods may apply.
Expert Witnesses
Expert witnesses can assist juries and judges to understand the evidence and facts of a medical malpractice case. They also offer professional or specific opinions to help the jury make a decision. They are permitted to offer their opinions because their expertise is more reliable and thorough than that of a layperson or someone without medical training.
A legal representative can retain an expert witness who will review medical records, give testimony and assist the lawyer with the case. The expert would then be required to sign an affidavit as well as testify in court about their findings. An expert could be an employee of the defendant’s hospital, health care system, or an individual outside of the institution.
An expert’s testimony should reflect the state of medical knowledge at the time of the incident in the case. The expert should not denounce or condone performance within the generally accepted standards of practice. Experts should be able to submit transcripts of depositions and courtroom testimony for peer review. They should not sign any contracts that state that the costs for expert testimony are excessively expensive compared to the time and efforts involved.
Parents who have a child with a severe birth injury may claim damages for the future medical care the child will require and also for past expenses they have already paid to provide care for the child. A reliable lawyer can determine if negligence was the cause of the child’s injuries at birth and obtain compensation that will ease the financial burden on families.