Birth Injury Legal Help

If a child is born with an injury or illness because of medical negligence, families are confronted with massive financial burdens. An attorney for birth injuries can help secure compensation to cover the care costs and enhance a child's quality of life.

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

Statute of Limitations

It is essential to talk with a lawyer immediately if you suspect medical malpractice. This will ensure that your claim is filed within your state's statute of limitations, as well as that you have sufficient time to construct a solid case and recover the right amount of compensation.

In general, a person has two and two-and-a-half (2-1/2) years to file a medical malpractice lawsuit that begins from the date of the act of negligence. New York law extends this deadline to 10 years in cases brought on behalf children, provided the child is not yet the age of 18.

To win a birth injuries lawsuit, you must demonstrate that the defendant breached their obligation to you creating injuries for your child. The way to establish causation is usually through expert testimony and documents demonstrating the best practices, which are generally accepted by the medical community.

Your attorney will conduct an investigation and collect any relevant evidence to your case including medical records and tests results from both you and your child. Then, they'll identify potential defendants and request the required documents from the insurance companies. Once complete, they will send a demand letter to the parties at fault for damages in cash. If they are unable to reach a settlement with you, your lawyer will bring suit in court. A lawsuit is usually settled by a trial in which each side presents its evidence and arguments in front of the jury and a judge.

Medical Experts

Birth injuries can cause devastating harm to the child and his family. It is imperative to seek legal assistance as soon as possible. This will allow the attorney to develop a convincing case based on evidence such as medical records and depositions of doctors. Lawyers can also request an expert medical professional to give an opinion or look over the case. This is a crucial step in any medical malpractice case.

Many birth injuries are difficult to prove, as the symptoms may not manifest until much later. Parents may not be aware of birth injuries until their child has missed milestones in development, or when their doctor has suggested that their child has intellectual and physical limitations. Signs of injury, like admission to the NICU or the need for a CT scan or MRI after birth, can also indicate a possible injury.

Causation is a crucial element in a successful lawsuit for birth injury. You must prove that the defendant's breach in duty caused your child's injuries. If the doctor had not committed the breach of duty, your child would not have sustained an injury.

The majority of medical malpractice claims that involve birth injury law firms injuries, settle out of court. In a settlement agreement, the parties have to reach a consensus on a price to settle the case. The amount must reflect past and future damages. Your lawyer will collaborate with medical and financial experts to determine a suitable amount.

Defendants

A successful birth injury lawsuit will require the medical professional to prove that they violated his or her duty of care. This is usually done by seeking the opinion of medical expert witnesses. The medical expert will review your case's evidence, including depositions of the doctors involved in your case, as well as medical records. He or she will determine whether your doctor's actions are in accordance to the appropriate standards of practice for professionals who have similar qualifications, experience and circumstances.

An attorney will also work with financial experts to analyze your losses and calculate fair damages that include past, present, and future costs. Your lawyer will negotiate with the hospital's or physician's malpractice insurance and file a lawsuit, should it be necessary, to ensure the highest amount of compensation for injuries suffered by your child.

Contrary, to most lawsuits birth injuries cases are usually settled. A settlement occurs when all parties agree to a certain amount of money and legal action ceases. If you don't reach a settlement in your case, your case may go to court, where a judge and jury will decide the outcome.

Birth injuries can have long-lasting effects on your child or your family. It is important to be in close contact with an attorney for birth injuries who is familiar with dealing with such claims.

Settlement

Your lawyer should help secure a full settlement for your family. It will depend on the extent of your child's injury and the needs that result from them. A severe birth injury, like may require years of medical attention and often, round-the-clock. Your lawyer will consult with medical and health professionals to determine the total cost of this care and submit a claim for damages that is appropriate.

In a lot of cases, a doctor or hospital's malpractice insurance company will offer to settle the case without the need for litigation. In these cases, your lawyer will submit a demand birth injuries form that includes an exhaustive description of the details of your case along with a suggested dollar amount to settle it. The insurance company will review your documents and respond with a counter-offer. Your lawyer will negotiate an equitable settlement with the insurance company.

If no settlement is agreed upon, your lawyer could make a claim for medical malpractice in the state of the injury. Based on the circumstances, you could identify as defendants your doctor and any other doctors or hospitals involved in your child's birth and the injury. When the lawsuit is filed, your attorney can obtain more information through the process of discovery, which includes depositions as well as witness testimony sworn by witnesses. This evidence will help support your legal arguments.