• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Birth Injury Litigation

Birth injuries can cause serious disabilities and can affect the quality of life of your child. Medical treatments can be expensive and can 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 assist you in settlement negotiations or in court if needed.

Settlements

In 90% of medical malpractice cases, the defendant and plaintiff reach an agreement before the case is heard. Both parties can avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial is not feasible, a jury determines whether the defendants have a duty to pay compensation and in what amount.

The first step towards receiving the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your baby had a an professional relationship with you and breached that obligation during the birthing process. You can prove this using medical documents and hospital invoices. Your lawyer will need to prove that the breach caused your child's injuries.

Once you have the evidence, your attorney will present a complete set of demands to the malpractice insurers of the defendants. This document contains a thorough letter that describes the injuries your child sustained along with any supporting documents. The malpractice insurer will examine the request and decide whether to accept or reject it. If the demand is rejected the lawyer will bring a lawsuit.

In the event of a successful birth injury lawsuit your lawyer may suggest placing the proceeds of your settlement or award in a special needs trust. This will allow your child to have access to future funds for things such as medicine and physical therapy as well as home modifications.

Trials

In some cases lawyers will attempt for a settlement in order to settle the issue without going to court. A settlement is an agreement formalized that resolves a dispute and pays compensation to the plaintiff.

A team of lawyers will gather evidence to prove that medical professionals did not provide a high level of care and aggravated injuries. Lawyers representing the defendants will gather evidence of their own to prove the allegations. The attorneys will meet to negotiate the terms of a settlement. If a settlement isn't reached, then the case will go to court.

The trial process could take months or years to complete. Plaintiffs can be afflicted with pain, stress and anxiety as they try to relive the trauma of their child's birth. The winning party could win a large award. A losing party may appeal the decision.

A birth injury lawyer who has experience can make all the difference in your case. A lawyer can assist you to achieve the best possible outcome throughout the litigation process. From drafting the demand letters, to filing the lawsuits or discovery, settlement negotiations, trial, or appeals when necessary an attorney will ensure you get the best outcome. They can help you get compensation that will alter your life as well as the lives of your family members. A lawyer can provide you with a an expert network to back your claim. The legal team of Lipsitz Green will investigate the incident to determine what went wrong and fight for a reasonable amount of compensation.

Statute of limitations

Medical professionals have their own set of rules to adhere to during procedures. This includes the statute of limitations, which has a time limit for filing lawsuits. This limitation is designed to ensure that claims are filed in the time evidence is still available and witnesses' memories are fresh. A lawsuit filed after the time limit has expired is dismissed even in the event that it has a solid legal basis.

The statute of limitations is important for birth injuries. A successful claim could award compensation for current and future medical expenses and lost wages resulting from the absence of work in order to care for the child, and emotional anxiety. In some cases a judge or jury will also award punitive damages to punish defendants for their extreme negligence.

A New York attorney who is experienced in birth injury claims is required to represent the victims. They can conduct investigations and gather evidence to make a case of negligence, negotiate a settlement, or take the case to court if required. In certain situations an accused party may try to dismiss a lawsuit by saying that the statute of limitations has expired. A lawyer will be able to swiftly determine whether this is the case. If the case involves public hospitals, that are run by state, local, or federal government there is a separate and shorter statute of limitations may apply.

Expert Witnesses

In the case of medical malpractice, expert witnesses can assist jurors and judges to understand the evidence and the facts of the case. They can also provide specialized or professional opinions that help the jury to make a decision. They are able to offer this advice because their knowledge and expertise is more specific and reputable than the average person or one who has no medical education.

Legal representatives can hire an expert witness to review medical records, give an opinion and help the lawyer to put together the case. The expert would sign an affidavit, and then be able to testify in court. An expert could be an employee of the defendant's hospital, health care system, or an individual outside that institution.

The expert's opinion must reflect the current medical knowledge at the time. The expert should not condemn performance that falls within generally accepted practice standards, nor should they support performance that is outside of the standards. Experts should be prepared and able submit transcripts from depositions or courtroom testimony to peers to be reviewed. They should not be a part of contracts that state that the costs for expert testimony are excessively expensive in comparison to the time and efforts involved.

Parents of children suffering from a severe birth injury may be able to seek damages for the future care that their child will require, and for any previous expenses they have already incurred to care for the child. An experienced attorney can determine whether negligence was the cause of the child's injury during birth and can secure compensation to help ease the financial burden of the family.