Birth Injury Legal Help

When a child is born suffering from an injury or illness due to medical negligence families are faced with huge financial burdens. A birth injury attorney can assist in obtaining compensation to cover medical costs and enhance the quality of life of a child.

Families must demonstrate four things to win a lawsuit for birth injury:

Statute of Limitations

It is important to consult a lawyer whenever you suspect medical negligence. This will ensure that your claim is filed at the right time for your state's statutes limitations and that you have the time to build a solid case and recover an appropriate amount of compensation.

A claimant generally has two and half (2-1/2 years) to make a claim for medical malpractice, starting from the date that the malpractice occurred. New York law extends this deadline to 10 years for cases brought on behalf children, provided the child is not yet their 18th birthday.

To be successful in a lawsuit against birth injuries, you need to prove that the defendant violated his or her duty to you and caused your child's injury. Causation is established by expert testimony and documents that show the best practices that are accepted by the medical community.

Your lawyer will conduct an investigation and collect the relevant evidence in your case including medical records and test results from both you and your child. Then, they will determine potential defendants and request necessary documents from the insurance companies. Once the paperwork is completed, they'll send a demand note to the at-fault parties for damages in cash. If they do not agree to negotiate with your lawyer, they will bring suit in court. A lawsuit is usually resolved by a trial, in which each side presenting their evidence and arguments before a jury and judge.

Medical Experts

A birth injury can have devastating consequences for the child and his family. It is essential to seek legal assistance as soon as you can. The lawyer can then construct an effective case based on medical records and doctor depositions. Lawyers can also request an expert medical professional to look over the case and offer an opinion. This is a crucial aspect in any medical malpractice case.

Many birth injuries are difficult to prove because the signs may not appear until much later. Parents are often unaware of them until their child fails to meet developmental milestones or their pediatrician suggests intellectual and physical deficits. A possible injury may be detected by indicators such as admission to the NICU or a need for an CT or MRI scan after birth.

Causation is yet another crucial factor in the success of a birth injury lawsuit. You must prove that the defendant's breach of duty led to your child's injury. If the doctor had not committed the breach of duty, then your child would not have suffered an injury.

The majority of medical malpractice claims that involve birth injury attorneys injury that are settled out of court. In a settlement, defendants must agree on an amount of money to settle the case. The amount must reflect both past and future damages. Your lawyer will consult experts in the field of medicine and finance in order to determine the proper amount.

Defendants

A successful birth injury lawsuit requires the proof that your doctor did not fulfill their duty of care. This is usually accomplished by obtaining an expert medical witness' opinion. The medical expert will examine the evidence in your case, including depositions from the doctors involved in your case, as well as medical records. The expert will determine whether your doctor's actions were in accordance to the standard of practice for professionals who have similar qualifications, experience and context.

Lawyers also employ financial experts to assess and calculate your losses, taking into consideration the present, past, and future expenses. Your lawyer will negotiate with the hospital's or physician's malpractice insurance and file a lawsuit when necessary, to get the most compensation for any injuries suffered by your child.

Contrary, to most lawsuits birth injuries cases are generally settled. A settlement occurs when all parties agree to pay a specific amount of money and the legal process ceases. If your case does not settle or settlement, it will go to trial where the jury and a judge will decide what happens.

A birth injury can cause long-lasting harm to your child or your family. It is crucial to cooperate with a birth injury lawyer who has experience handling such cases.

Settlement

Your attorney should do everything possible to ensure that your family receives an amount that is fair. It will depend on your child's injuries and the needs that result from them. For instance, a major birth injury could require years of medical care, which is often all-hours-of-the-day. Your lawyer will talk to medical and care experts to know the total cost of this care and to submit a claim for damages that is appropriate.

In many instances the malpractice insurance policy of a medical facility or hospital will offer to settle a case without litigation. In these cases the lawyer you choose to use will submit an offer package that includes an exhaustive description of the details of your case as well as a proposed amount of money to settle it. The insurance company will review the details and respond to your request with a counteroffer. Your lawyer will negotiate a fair settlement with the insurance company.

If a settlement is not reached, your lawyer can pursue a lawsuit for medical negligence in the county of the injury. Based on the circumstances, you could identify as defendants your doctor and any other doctors or hospitals involved in the birth of your child and the injury. After the lawsuit is filed, your attorney can obtain more details through an investigation process known as discovery which includes depositions and witness testimony sworn by witnesses. This evidence can be used to support your legal arguments.