Birth Injury Litigation Birth injuries can result in severe disabilities that can negatively impact your *****'s quality of life The medical treatments that they require can be costly and long A reputable lawyer can start a lawsuit for birth injuries to investigate the incident, collect evidence, make a case for negligence and also represent you in settlement negotiations or at trial if needed Settlements In the majority of medical malpractice lawsuits, the defendant and plaintiff reach a settlement before the case is even tried This allows both parties to avoid costly and stressful court costs, and also gives the plaintiff a guarantee of a fair settlement In the event that an agreement cannot be reached, a jury will decide whether the defendants are liable to pay the plaintiff compensation and how much amount they have to pay The first step in obtaining financial compensation for a birth injury in your ***** is to prove the doctor who gave birth to your baby had an established professional relationship with you and that he breached this obligation during the birthing process You can prove this by using medical records and hospital invoices Your lawyer will also have to collect evidence that proves the breach led to the injuries to your ***** Once you have this evidence and your lawyer has it, they will send a demand form to the defendants' malpractice carriers https//vimeocom/707290676 includes a written statement detailing the *****'s injuries along with supporting documentation The malpractice carrier will then look over the request and decide whether to take it up or reject it If the demand is rejected the lawyer will bring a lawsuit If you are the victim of the outcome of a successful lawsuit for birth injuries your lawyer may suggest placing some of the settlement or award in a special needs trust This will allow your ***** to access future funds for things like medicines and physical therapy as well as home modifications Trials In certain cases, attorneys will attempt to reach an agreement to settle the issue before taking it to court Settlements provide the plaintiff with financial compensation and results in an official agreement that concludes the matter A team of attorneys will gather evidence to demonstrate that medical professionals failed to meet the standards of care and caused injuries Lawyers for the defendants also gather evidence to refute the claims The attorneys will meet to negotiate an agreement If a settlement isn't reached, then the case will go to the court The trial process could take months or years to be completed It can be stressful, risky and painful for plaintiffs who have to relive the trauma of their *****'s birth injuries The winner may be awarded an award of a significant amount A losing party can file an appeal of the decision A birth injury lawyer who has experience can make all the difference in your case A lawyer can help you achieve the best possible outcome at every stage of the litigation process From drafting the demand letters, to filing the lawsuits and discovery, settlement negotiations or appeals should they be required A legal professional will ensure you get the best outcome They can assist you in obtaining compensation that can change your life and the lives of your family A lawyer can also provide a network of expert witnesses to support your claim The legal team at Lipsitz Green will investigate the incident to determine what went wrong and fight for fair compensation Statute of Limitations Medical professionals have their own set of rules they must adhere to during procedures This includes the statute of limitations which specifies 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 will be dismissed if filed after the statute has expired The statute of limitations is crucial for those suffering from birth injuries A successful case can result in compensation for the victim's present and future medical expenses and lost wages resulting from being away from work to care for their *****, and emotional stress In some cases, the judge or jury could also award punitive damage to punish defendants who have displayed extreme negligence A New York attorney who is familiar with birth injury claims should represent victims They can conduct investigations and gather evidence to prove a case of negligence or negotiate a settlement or go to court when required In some cases there is a possibility that a defendant will attempt to dismiss a case by saying that the statute of limitations has run out A lawyer should be able to quickly determine whether this is the situation If the situation involves a public hospital that is managed by local government agencies, whether federal or state-based, separate and potentially much shorter time limits for statute of limitations could apply Expert Witnesses In an instance of medical malpractice, experts are able to help jurors and judges understand the evidence and the facts of the case They can also offer professional or expert opinions to help jurors to make a choice They are able to do so because their knowledge is more reliable and thorough than that of a layperson or someone who is not trained in medical sciences A legal representative may retain an expert witness to review medical records, provide a testimony, and aid the lawyer in putting together the case The expert will then sign an affidavit, and testify in court regarding their findings An expert could be an internal employee of the defendant's hospital, health care system, or an individual who is not employed by the institution The expert's testimony must reflect the current state of medical knowledge at the time of the hearing Experts should not rebuke performance that falls within generally accepted practice standards, nor should they condone performance that is outside of those standards Experts should be prepared and able to submit transcripts of depositions and courtroom testimony to peers for review They should not sign contracts in which the fees for their expert testimony are disproportionately high in relation to the time and effort Parents of a ***** that has suffered a severe birth trauma can seek damages to cover the future costs they'll incur for their *****'s medical care, as well as any past expenses that have been caused A steadfast lawyer can determine if negligence caused the *****'s injury during birth and obtain compensation that will alleviate the financial burden of families