Birth Injury Legal Help

When children are born with an illness or injury due to medical negligence families have to deal with enormous financial burdens. A birth injury lawyer can assist families secure compensation to cover medical expenses and improve the quality of life for their children.

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

Statute of limitations

Regardless of how the injury occurred, it's important to seek legal counsel immediately if you suspect medical negligence. This will ensure that your claim is filed at the right time to comply with your state's statutes limitations and that you have sufficient time to build a solid case and receive an appropriate amount of compensation.

A plaintiff generally has two and half (2-1/2 years) to bring a lawsuit for medical malpractice, beginning on the date of the incident. New York law extends this deadline to 10 years for cases filed on behalf of a child, provided the child has not reached their 18th birthday.

To prevail in a birth injury lawsuit, you have to prove that the defendant violated their obligation to you creating injuries for your child. Causation is typically established by using expert testimony and evidence demonstrating best practices, which are generally accepted by the medical professionals.

Your attorney will investigate and gather any relevant evidence to your case including medical records and test results from both you and your baby. They will then determine potential defendants and obtain the necessary documents from their insurance companies. After they have completed the process, they will send a demand letter requesting damages in money to the parties who are at fault. If they are unable to reach a settlement with you, your lawyer will take action in the court. A lawsuit is usually resolved by a trial where each side presents its evidence and arguments in front of a judge and jury.

Medical Experts

If a child suffers injuries to the birth process the result can be devastating effects for the family and child. It is important to get legal help as quickly as possible. An attorney can then create an evidence-based case using medical records and depositions of doctors. A lawyer may also ask the medical expert to provide an opinion and examine the case. This is a crucial step for any claim involving medical malpractice.

Many birth injuries are difficult to prove because the signs may not be evident until a long time later. Parents may not notice birth injuries until their child has failed to meet milestones in development, or when their pediatrician has stated that there are cognitive physical and intellectual deficiencies. Signs of an injury, like admission to the NICU or need for an CT scan or MRI after birth, may also indicate a possible injury.

Causation is an additional element in a successful birth injury lawsuit. You must prove that the breach of duty by the defendant caused the injury of your child. This means that if the doctor didn't do the wrong thing, your child wouldn't have suffered an injury.

The majority of medical malpractice claims such as birth injuries, are settled outside of court. In a settlement agreement, the defendants have to agree on a dollar value in order to resolve the matter. The amount must reflect your past and future damages. Your lawyer will consult experts in financial and medical fields to determine the proper amount.

Defendants

A successful birth injury lawsuit requires the medical professional to prove that they breached their duty of care. This is typically accomplished by seeking the opinion of medical expert witnesses. The medical expert will examine your case's evidence, including depositions of the doctors who were involved in your case as well as any medical documents. The expert will determine whether your doctor acted conformity with the appropriate standards of care for professionals with similar qualifications and expertise in the particular circumstances.

A lawyer can also engage experts in finance to analyze and estimate your losses, considering the past, present, and future expenses. Your lawyer will engage with the hospital's physician's malpractice insurance and file a lawsuit, should it be necessary, to ensure maximum compensation for injuries suffered by your child.

Contrary, to most lawsuits birth injury cases are typically settled. Settlements occur when all parties agree to a set amount of money, and the legal process ceases. If your case does not reach a settlement the case could go to trial where a judge and jury will decide on your fate.

A birth injury could have long-lasting effects on your child or family. To achieve the best results, it is important to choose a skilled birth injury attorney who has a track record of successfully settling such claims.

Settlement

Your lawyer must do all possible to ensure that your family receives a fair settlement. This will depend on the nature of your child's injuries as well as the resulting demands. For instance, a major birth injury could require years of medical care, which is often all-hours-of-the-day. Your lawyer will consult with medical and care experts to determine the amount of care required, and make an appropriate claim.

In a majority of cases doctors or hospitals' malpractice insurance company will offer to settle the matter without the necessity of litigation. In these instances, your lawyer will send an offer package that includes an extensive description of the facts and the dollar amount that you want to settle your case. The insurance company will review the details and respond with a counter-offer. Your lawyer will negotiate with the insurance company to decide on the fairness of the settlement.

If a settlement isn't agreed upon, your lawyer could bring a lawsuit against a medical malpractice in the county of the injury. Depending on the circumstances, you may name as defendants your doctor and any other hospitals or doctors involved in the birth of your child and the injury. Once the lawsuit is filed and your lawyer is able to obtain more information through the process known as discovery, that includes depositions, as well as the sworn testimony of witnesses. This evidence can be used to support your legal arguments.