Birth Injury Legal Help

Families face huge financial burdens when a baby is born with an medically-caused injury or illness. A birth injury lawyer can assist 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

Regardless of how the injury was sustained, it's essential to seek legal advice as soon as you suspect that 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 enough time to create a strong case and receive the right amount of compensation.

A claimant generally has two and a half (2-1/2 years) to make a claim for medical malpractice. The time period begins from when the negligence occurred. New York law extends this deadline to 10 years for cases brought on behalf of a child, provided that the child is not yet the age of 18.

In order to win a lawsuit for birth injuries, you must demonstrate that the defendant acted in breach of their duty to you and caused the injury to your child. The basis for establishing causation is expert testimony and evidence that demonstrates 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. They will then identify potential defendants and get the necessary documents from their insurance companies. Once they have completed the procedure, they will send a demand note for damages in cash to the parties at fault. If they refuse to negotiate your lawyer will bring a lawsuit to court. A lawsuit is usually resolved by a trial, in which both sides presenting their evidence and arguments before a judge and a jury.

Medical Experts

When a baby suffers from a birth injury and suffers a devastating consequences for the child and their family. It is imperative to seek legal help as quickly as possible. An attorney can then create an argument based on medical records and doctor depositions. Lawyers can also request an expert from a medical field to review the case and provide an opinion. This is a crucial element in any medical malpractice lawsuit.

Many birth injuries are difficult to prove as the symptoms may not be evident until a long time later. Parents may not be aware of birth injuries until their child has failed to meet developmental milestones, or their pediatrician has determined that there are intellectual and physical deficiencies. Signs of injury, like admission to the NICU or a need for a CT scan or MRI following birth, may be a sign of an injury.

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

Most medical malpractice claims including those involving birth injury or birth injury, are settled out of court. In a settlement, defendants must reach an agreement on the amount of money needed to settle the claim. The amount must reflect past and future damages. Your lawyer will consult financial and medical experts in order to determine the appropriate amount.

Defendants

A successful birth injury lawsuit needs the proof that your doctor violated his or her duty of care. This is typically done by obtaining an expert medical witness' opinion. The medical expert will examine the evidence in your case including medical records and depositions made by the doctors involved. He or she will determine whether your doctor acted accordance with the appropriate standards of care for professionals who have similar training and expertise under the circumstances.

Lawyers also employ experts in finance to evaluate and calculate your losses, considering the present, past and future costs. Your attorney will bargain with the hospital or physician's malpractice company and will bring a lawsuit if necessary to secure maximum compensation for your child's injuries.

Contrary, to most lawsuits south pasadena birth injury lawyer injuries cases are often settled. A settlement is when all parties agree to pay a minimum amount of money and all legal action stops. If your case doesn't come to a settlement then it could go to trial where an arbitrator birth injury lawsuit and judge will decide the outcome.

A birth injury is a serious medical condition that can have long-lasting effects on your child and the family. It is important to work closely with an attorney who is familiar with dealing with such claims.

Settlement

Your attorney should be working to secure a full settlement for your family. It will depend on the injuries your child has suffered and the subsequent needs. For instance, a major birth injury could mean years of care, usually 24/7. Your lawyer will speak with medical and health experts to assess the total cost of this treatment and to create a proper damage claim.

In many instances the malpractice insurance of a hospital or doctor will offer to settle a matter without litigation. In these instances your lawyer will provide an offer package that includes a detailed description of the facts and a dollar amount that you propose to settle your case. The insurance company will scrutinize the information and respond to your request by countering with a counteroffer. Your lawyer will negotiate with the insurance company to determine the fairness of the settlement.

If a settlement cannot be agreed upon, your lawyer could file a lawsuit for medical negligence in the county of the injury. You may be able to claim your doctor along with any other hospitals or doctors involved in the birth of your child and the accident, birth injury lawsuit as defendants depending on the circumstances. After filing the lawsuit and your lawyer is able to obtain more details via the process known as discovery, which includes depositions as well as sworn testimony from witnesses. The evidence you gather will aid in your legal arguments.