Birth Injury Legal Help

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

To win a birth-related injury lawsuit, families must prove four elements:

Statute of limitations

It is essential to speak with a lawyer immediately if you suspect medical negligence. This will ensure that your claim is filed in time for your state's statutes limitations and that you have the time to create a strong case and obtain an appropriate amount of compensation.

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

To prevail in a lawsuit involving birth injuries, you must demonstrate that the defendant breached his or her obligation to you and caused your child's injury. The cause of the injury is usually determined through expert testimony and documents demonstrating the best practices, which are generally accepted by the medical profession.

Your lawyer will conduct an investigation and gather any relevant evidence to your case, including medical records and test results from both you and your baby. They will then find potential defendants and obtain the necessary documents from their insurance companies. Once they have all the documents, they will send a demand note to the at-fault parties for damages in cash. If they do not agree to negotiate your lawyer will file a lawsuit in court. A lawsuit is usually settled through a trial, where both sides presenting their evidence and arguments to a judge and jury.

Medical Experts

If a child suffers a birth injury, it can have devastating consequences for the child and their family. It is essential to seek legal help as quickly as you can. The lawyer can then construct an evidence-based case using medical records and doctor depositions. A lawyer may also seek a medical expert to review the case and offer an opinion. This is a crucial aspect in any medical malpractice case.

Many birth injuries are difficult to prove since the symptoms might not appear until much later. Parents are often unaware of the signs until their child is missing developmental milestones or their pediatrician declares that there are physical and intellectual deficits. An injury could be detected by signs such as admission to the NICU, or a need for a CT or MRI scan following the birth.

Causation is also an essential aspect of a successful lawsuit for birth injuries. You must prove that the defendant's breach in duty caused your child to be injured. This means that if the doctor didn't commit the breach of duty the child would not have been injured.

Most medical malpractice cases like those involving birth injuries that are settled out of court. In a settlement agreement, the defendants have to agree on a dollar value to settle the case. The amount must reflect your present and future damages. Your lawyer will consult with medical and financial experts to determine the right amount.

Defendants

In order to succeed in a birth injury lawsuit you must prove that your medical provider violated their duty to care. This is typically done by obtaining a medical expert witness' opinion. The medical expert will analyze the evidence in your case, including any medical records and depositions given by the doctors involved. They will determine whether your doctor's actions conform to the appropriate standards of practice for professionals with similar training, expertise and the circumstances.

A lawyer may also consult financial experts to evaluate your losses and estimate reasonable damages that include past, present, and future costs. Your lawyer will discuss with the hospital's physician's malpractice insurance and file a lawsuit should it be necessary, to ensure the maximum amount of compensation for injuries sustained by your child.

As opposed to most lawsuits injuries are often resolved through settlements. A settlement occurs when all parties agree to pay a certain amount of money and all legal action stops. If your case does not settle, it may be referred to trial, birth injury lawyer where jurors and judges will decide your fate.

A birth injury could have long-lasting effects on your child or your family. It is important to be in close contact with a birth injury lawyer who has experience dealing with such claims.

Settlement

Your attorney should do everything possible to ensure that your family receives an equitable settlement. It will depend on the injuries your child has suffered and the needs that result from them. A severe birth injury, like, could require years of medical attention and frequently, it is necessary to be on call 24/7. Your lawyer will consult medical and care experts to determine the total cost of this treatment, and make an appropriate claim.

In many cases the malpractice insurance of a medical facility or hospital will offer to settle a matter without litigation. In these instances your lawyer will present an order package that includes an exhaustive description of the facts surrounding your case as well as a proposed dollar amount to settle the matter. The insurance company will review the information provided and then respond by counter-offering. Your lawyer will negotiate a fair settlement with the insurance company.

If a settlement is not reached, your attorney may bring a medical malpractice suit in the county where the incident occurred. It is possible to claim your doctor as well as any other doctors or hospital involved in the birth of your child and the injury as defendants depending on the circumstances. Your attorney can gather more information after filing a lawsuit, which includes depositions, sworn statements and other evidence from witnesses, through discovery. This evidence can be used to support your legal arguments.