Birth Injury Legal Help

Families are faced with enormous financial burdens when a child is born with a medically triggered injury or illness. A birth injury attorney can assist in obtaining compensation that will cover expenses and improve the quality of life of a child.

To prevail in a birth injury lawsuit, families must prove four elements:

Statute of Limitations

Regardless of how the injury occurred, it's important to seek legal counsel immediately if you suspect medical negligence. This ensures that your claim is filed within the state's statute of limitations, and you have time to develop a strong case and recover the right amount of compensation.

A claimant generally has two and half (2-1/2 years) to pursue a lawsuit based on medical malpractice, starting from the date the negligence occurred. New York law extends this deadline to 10 years for lawsuits brought on behalf of a child, provided the child has not yet reached their 18th birthday.

In order to win a birth-related injury lawsuit, you have to prove that the defendant breached their obligation to you by creating injuries for your child. Causation is usually established through the use of expert testimony and documents demonstrating the best practices, which are generally accepted by the medical community.

Your attorney will investigate and gather the relevant evidence in your case including medical records as well as tests results from both you and your baby. They will then identify potential defendants and collect the required documents from their insurance companies. After they have completed the process, they'll send a demand letter requesting damages in the amount of money to the parties who are at fault. If they are unwilling to negotiate the lawyer will file a lawsuit in court. A lawsuit is usually resolved by a trial, in which each side presenting their evidence and arguments before a judge and a jury.

Medical Experts

A birth injury can have devastating effects on the child and his family. It is essential to seek legal help as soon as possible. The lawyer will then be able to construct an evidence-based case using medical records and depositions of doctors. Lawyers may also approach a medical expert for a opinion and analyze the case. This is a crucial step in any medical malpractice lawsuit.

Birth injuries can be difficult to prove since symptoms may not manifest until later. Parents may not notice them until their child has missed developmental milestones or until their pediatrician states that there are intellectual and physical deficits. Signs of an injury, like admission to the NICU or a need for a CT scan or MRI after birth, may be a sign of a potential injury.

Causation is also an essential aspect of a successful lawsuit for birth injuries. You must show that the defendant's breach of duty caused your child's injury. This means that if the doctor did not violate his duty then your child wouldn't have suffered any injury.

Most medical malpractice cases, such as those involving birth injuries and birth injuries, are settled outside of court. In a settlement, defendants must agree on an amount of money to settle the matter. The amount must reflect both past and future damages. Your lawyer will consult experts in financial and medical fields in order to determine the proper amount.

Defendants

A successful birth injury lawsuit requires establishing that your medical provider violated his or her duty of care. This is usually done by obtaining an expert medical witness' opinion. The medical expert will examine the evidence in your case including medical records as well as depositions of the doctors involved. They will determine whether your doctor's actions were in accordance with the appropriate standards of care for professionals with similar training and expertise in the circumstances.

A lawyer will also engage experts in finance to assess your losses and determine reasonable damages that account for the past, present and future expenses. Your lawyer will bargain with the hospital or the physician's malpractice insurance company and will make a claim if needed to get the most compensation possible for your child's injuries.

Unlike most lawsuits, birth injury cases often resolve in settlements. Settlement occurs when all parties agree to an amount and cease any legal action. If you fail to reach a resolution in your case, you could be taken to court where a jury and judge will decide on the outcome.

Birth injuries can have lasting effects on your child or your family. For the best results it is crucial to partner with a seasoned birth injury lawyer with a a track record of successfully handling such claims.

Settlement

Your attorney must work to obtain a fair settlement for your family. It will depend on your child's injuries and the subsequent needs. A serious birth injury, for example can require years of medical attention and frequently, it is necessary to be on call 24/7. Your lawyer will consult medical and medical experts to determine the total cost of the care and then file a suitable claim.

In many instances the malpractice insurance of a medical facility or hospital will offer the option of settling a case with no litigation. In these instances, your lawyer will send the demand package, which includes a detailed description of the facts and a dollar amount that you want to settle the case. The insurer will review the information provided and then respond with a counteroffer. Your lawyer will work with the insurance company to determine a fair settlement.

If a settlement cannot be reached, your lawyer can file a lawsuit for medical malpractice in the county of the injury. You may be able to name your doctor, along with any other hospital or doctor involved in the birth of your child and the accident, as defendants based on circumstances. Your attorney will be able to gather more information following the filing of an action, such as depositions and sworn testimonies from witnesses, as part of discovery. The evidence you gather will help support your legal arguments.