Birth Injury Legal Help

Families are confronted with massive financial costs when a child is born with a medically triggered injury or illness. A birth injury attorney can help secure compensation to cover medical costs and enhance the quality of life of a child.

To prevail in a birth injury lawsuit, families must demonstrate four things:

Statute of limitations

It is essential to talk with an attorney immediately if you suspect medical malpractice. This will ensure that your claim is filed on time to comply with your state's statutes limitations and you will have enough time to develop a solid claim and get fair compensation.

In general, a person has two and a half (2-1/2) years to file a medical negligence lawsuit beginning from the date of the act of negligence. New York law extends this deadline to 10 years in cases brought on behalf of children, provided that the child has not yet reached the age of 18.

To prevail in a birth injury lawsuit, you must demonstrate that the defendant breached their obligation to you by inflicting injuries on your child. Causation is typically established by using expert testimony and documents that show best practices, which are generally accepted by the medical profession.

Your lawyer will conduct an investigation and gather the relevant evidence in your case including medical records and test results from both you and your baby. Then, they will determine potential defendants and request necessary documents from insurance companies. Once complete, they will submit a demand letter to the at-fault parties asking for damages in the form of money. If they don't agree to negotiate with you, your lawyer will sue in court. A lawsuit is usually resolved through a trial, where each side will present its evidence and arguments in front of the jury and a judge.

Medical Experts

Birth injuries could have devastating consequences for the child and his family. It is essential to seek legal help as early as you can. An attorney can then create a solid case based on medical records and depositions of doctors. Lawyers can also request an expert medical professional for a opinion and analyze the case. This is an essential part of any medical malpractice case.

Many birth injuries are difficult to prove, because the signs might not show up until much later. Parents may not realize they have injuries until their child has failed to meet developmental milestones, or until their pediatrician has determined that they have intellectual and physical deficits. An injury could be indicated by symptoms such as an admission to the NICU, or the need for a CT or MRI scan after birth.

Causation is yet another crucial element in a successful birth injury lawsuit. You must show that the defendant's breach of duty led to the injury of your child. This means that if the doctor did not make the breach of duty the child would not have suffered an injury.

The majority of medical malpractice claims, including those involving birth injuries, are settled outside of court. In a settlement, defendants must reach an agreement on an amount in dollars to settle the case. The amount must reflect past and future damages. Your lawyer will work with medical and financial experts to determine a suitable amount.

Defendants

A successful birth injury lawsuit needs the medical professional to prove that they breached their duty of care. This is usually accomplished by obtaining an expert medical witness' opinion. The medical expert will review the evidence in your case, including medical records and depositions made by the doctors involved. He or she will determine whether your doctor's actions were in accordance to the appropriate standards of professional practice for those with similar training, expertise and circumstances.

A lawyer may also consult experts in finance to assess your losses and calculate reasonable damages that account for the present, past, and future expenses. Your lawyer will discuss with the hospital or the physician's malpractice insurance company and file a lawsuit if necessary to secure maximum compensation for your child's injuries.

Unlike most lawsuits, birth injuries are often resolved through settlements. A settlement occurs when all parties agree to pay a certain amount of money and legal proceedings cease. If you don't reach a settlement in your case, the case may be brought to court where a jury and judge will decide the outcome.

Birth injuries can have lasting effects on your child or family. To get the best results it is important to choose a skilled birth injury attorney injury lawyer who has a track record of successfully handling such claims.

Settlement

Your attorney should be working to find a full settlement for your family. This will depend on the nature of your child's injuries as well as resulting needs. For instance, a serious birth injury can lead to many years of treatment, often 24/7. Your lawyer will talk to medical and health experts to know the total cost of this care and submit a claim for damages that is appropriate.

In many cases the malpractice insurance policy of a physician or hospital will offer to settle a matter without litigation. In these instances, your lawyer will send an order package with an extensive description of the facts and the dollar amount that you want to settle your case. The insurance company will scrutinize your information and respond with a counteroffer. Your lawyer will negotiate a fair settlement with the insurance company.

If a settlement is not reached, your lawyer can file a lawsuit for medical negligence in the county of the injury. Based on the circumstances, you can claim as defendants your doctor and any other hospitals or doctors involved in the birth of your child and the injury. Your attorney can gather more information following the filing of a lawsuit, including depositions and sworn testimonies from witnesses, through the discovery process. This evidence will be used to support your legal arguments.