Birth Injury Legal Help

If children are born with an illness or injury due to medical negligence families must deal with tremendous financial costs. A birth injury lawyer can assist families get compensation to cover medical expenses and improve the quality of life for their children.

To win a birth-related injury lawsuit, families must demonstrate four things:

Statute of limitations

It is important to consult a lawyer whenever you suspect medical malpractice. This will ensure that your claim is filed in time for your state's statutes of limitations and that you have sufficient time to build a solid case and obtain fair compensation.

In general, a party has two and half (2-1/2) years to file a medical malpractice lawsuit starting from the date of the act of negligence. New York law extends the deadline to 10 years for lawsuits brought by children if they have not yet reached their 18th Birthday.

To win a lawsuit for birth injuries, you must demonstrate that the defendant violated his or her obligation to you and caused your child's injury. The causation is established through expert testimony and documents that show the best practices that have been accepted by the medical community.

Your attorney will investigate your case and gather all relevant evidence including medical records for you and your child. Then, they will determine potential defendants and request required documents from insurance companies. Once they have all the documents, they will send a demand letter to the at-fault parties asking for monetary damages. If they are unwilling to negotiate, your lawyer will begin a lawsuit in the courtroom. A lawsuit is usually resolved through a trial during which each side will present its evidence and arguments to an impartial jury and judge.

Medical Experts

Birth injuries could have devastating consequences for the child and his family. It is imperative to seek legal help as quickly as you can. This will enable the lawyer to present a convincing case, by using evidence, such as medical records and depositions of doctors. Lawyers can also request a medical expert for a opinion and look over the case. This is a crucial step in any medical malpractice claim.

Birth injuries can be difficult to prove because symptoms may not be evident until later. Parents are often unaware of them until their child misses developmental milestones or until their pediatrician indicates that there are intellectual and physical deficits. A possible injury can be detected by indicators such as admission to the NICU, or the need for a CT or MRI scan following the birth.

Causation is also a key element of a successful lawsuit for birth injuries. You must show that the breach of duty by the defendant caused the injury to your child. This means that if the doctor did not violate his duty the child would not have suffered any injury.

The majority of medical malpractice claims, including those involving birth injuries, settle out of court. In a settlement agreement, the parties must agree on a dollar value to settle the matter. The amount must reflect past and future damages. Your lawyer will consult with experts in financial and medical fields to determine the appropriate amount.

Defendants

In order to win a birth injury lawsuit you must prove that your medical professional violated their duty of care. This is usually done by obtaining the opinion of an expert witness from a medical field. The expert will look over the evidence in your case including medical records as well as depositions of the doctors involved. He or she will decide whether your doctor's actions are in accordance to the standard of procedure for professionals with similar training, expertise and the circumstances.

A lawyer will also hire experts in finance to analyze and calculate your losses, taking into account your current, past and future costs. Your lawyer will discuss with the hospital's physician's malpractice insurer and file a lawsuit, in the event that it is necessary, to obtain the most compensation for any injuries suffered by your child.

In contrast to the majority of lawsuits, birth injury cases often resolve in settlements. A settlement occurs when all parties agree to pay a certain amount of money and legal action ceases. If you are unable to reach a settlement in your case, your case may go to court, where a jury and judge will decide on the final outcome.

A birth injury is a serious medical issue that can have long-lasting effects for your child and family. It is crucial to collaborate with a birth injury lawyer who is experienced in handling such cases.

Settlement

Your lawyer should do everything possible to ensure that your family receives an appropriate settlement. It will depend on the extent of your child's injury and the needs that result from them. For instance, a serious birth injury could result in many years of treatment, often throughout the day. Your lawyer will consult with medical and care experts in order to determine the total cost of this care and file an appropriate claim.

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 will then send an order package with details of the facts and the dollar amount that you want to settle your case. The insurer will review the details and respond to your request with a counter-offer. Your lawyer will negotiate an acceptable settlement with the insurance company.

If a settlement is not agreed upon, your attorney may bring a medical malpractice suit in the county where the injury occurred. Depending on the circumstances, you can include as defendants your physician and any other doctors or hospitals involved in the birth of your child and the injury. Once the lawsuit is filed and your lawyer is able to obtain more details via a process called discovery, which includes depositions as well as sworn testimony from witnesses. The evidence you gather will aid in your legal arguments.