Birth Injury Legal Help

Families are faced with enormous cost of living when a child is born with a medically-caused injury or illness. A birth injury attorney can assist in obtaining compensation to cover medical costs and enhance a child's quality of life.

To win a birth injury lawsuit, families must prove four things:

Statute of Limitations

Regardless of how the injury was sustained, it is crucial to seek legal advice whenever you suspect that medical negligence. 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 an appropriate amount of compensation.

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

To win a birth injury lawsuit, you must prove that the defendant breached their duty to you by creating injuries for your child. Causation is typically established by using expert testimony and documents demonstrating the best practices, which are widely accepted in the medical community.

Your attorney will look into your case and collect all relevant evidence, including medical records for you and your child. They will then identify potential defendants and request the required documents from insurance companies. After completing the process, they will send a demand letter to the at-fault parties asking for financial damages. If they are unwilling to negotiate then your lawyer will file a lawsuit in court. A lawsuit is usually settled through a trial, where each side presenting its evidence and arguments to a judge and jury.

Medical Experts

If a child suffers a birth injury it can have devastating consequences for the baby and his family. It is crucial to seek legal advice as quickly as you can. This will enable the lawyer to construct a strong case using evidence like medical records and depositions of doctors. A lawyer may also ask the medical expert for an opinion and to examine the case. This is a crucial aspect in any medical malpractice claim.

Many birth injuries are difficult to prove because the signs may not manifest until much later. Parents may not notice birth injuries until their child has missed milestones in development, or when their pediatrician has determined that there are intellectual and physical deficits. A possible injury can be identified by symptoms such as an admission to the NICU, or the need for a CT or MRI scan following the birth.

Causation is yet another crucial factor in a successful birth injury lawsuit. You must establish that the defendant's breach in duty caused your child's injury. If the doctor hadn't committed the breach of duty, then your child would not have suffered an injury.

Most medical malpractice claims that involve birth injuries or birth injury, are settled out of court. In a settlement, the defendants must agree on an amount in dollars to settle the claim. The amount must reflect past and future damages. Your lawyer will collaborate with medical and financial experts to determine the right amount.

Defendants

A successful birth injury lawsuit needs the proof that your doctor breached their duty of care. This is typically accomplished by obtaining the opinion of an expert witness in the field of medicine. The medical expert will examine the evidence in your case including medical records and depositions of the doctors involved. They will determine whether your doctor's actions conform to the proper standard of professional practice for those with similar training, expertise and conditions.

A lawyer may also consult financial experts to evaluate your losses and determine reasonable damages that take into account past, present, and future costs. Your lawyer will negotiate with the hospital or physician's malpractice carrier and will bring a lawsuit if necessary to obtain the maximum amount of compensation for your child's injuries.

Unlike most lawsuits, birth injuries are often resolved through settlements. Settlements occur when all parties agree to pay a set amount of money, and legal proceedings cease. If you fail to reach a resolution in your case, your case could go to court, where a jury and judge will decide on the final outcome.

A birth injury is a serious medical issue that can cause lasting harm on your child and the family. For the best results it is important to partner with a seasoned birth injury lawyer with a proven track record of successfully handling such claims.

Settlement

Your attorney must do everything possible to ensure that your family receives a fair settlement. This will depend on the nature of your child's injuries and the resulting demands. For instance, a severe birth injury could result in years of care, usually throughout the day. Your lawyer will consult with medical and care experts to assess the total cost of the care and create a proper damage claim.

In a lot of cases the hospital's or doctor's malpractice insurance company will offer to settle the matter without the necessity of litigation. In these instances, your lawyer will send the demand package, which includes details of the facts and a dollar amount that you propose to settle your case. The insurance company will examine your documents and respond with a counteroffer. Your lawyer will negotiate an acceptable settlement with the insurance company.

If a settlement isn't reached, your lawyer can pursue a lawsuit for medical negligence in the county that caused the injury. Depending on the circumstances, you could claim as defendants your doctor and any other hospitals or doctors involved in your child's birth and the injury. After filing the lawsuit the attorney can get additional information via an investigation process known as discovery which includes depositions and swearing testimony from witnesses. This information will support your legal arguments.