Birth Injury Legal Help

Families are confronted with massive financial costs when a child is born with an medically-caused injury or illness. An attorney for birth injuries can assist in obtaining compensation that will cover expenses and improve the quality of life of a child.

Families must show four things to win a lawsuit claiming birth injuries:

Statute of Limitations

It is essential to speak with an attorney as soon as you can if you suspect medical negligence. This ensures that your claim is filed within the state's statute of limitations, as well as that you have sufficient time to develop a strong case and receive the right amount of compensation.

In general, a claimant has two and injuries two-and-a-half (2-1/2) years to file a medical malpractice lawsuit from the date of the occurrence of negligence. New York law extends the deadline to 10 years for lawsuits brought by children who has not yet reached their 18th Birthday.

To win a birth injuries lawsuit, you have to prove that the defendant violated their duty to you by causing your child's injuries. Causation is established by expert testimony and documents that show 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. Then, they will determine potential defendants and request necessary documents from the insurance companies. Once complete, they will send a demand note to the at-fault parties asking for financial damages. If they are unwilling to negotiate your lawyer will begin a lawsuit in the courtroom. A lawsuit is usually settled by a trial where each side is required to present its evidence and arguments in front of a judge and jury.

Medical Experts

If a baby is affected by injuries to the birth process, it can have devastating consequences for the family and child. It is imperative to seek legal help as soon as you can. The lawyer will then be able to construct a solid case based on medical records and doctor depositions. Lawyers may also approach an expert medical professional to provide an opinion and examine the case. This is a crucial element 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 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. A possible injury may be detected by indications such as admission to the NICU, or the need for an CT or MRI scan following the birth.

Causation is another crucial component of a successful lawsuit for birth injuries. You must demonstrate that the defendant's lapse in duty caused your child's injuries. This means that if the doctor did not make the breach of duty, your child wouldn't have suffered any injury.

The majority of medical malpractice cases such as birth injuries, settle outside of court. In a settlement agreement, the parties must reach a consensus on a price in order to resolve the case. The amount must reflect your present and future damages. Your lawyer will consult with financial and medical experts in order to determine the proper amount.

Defendants

To be successful in a birth injury lawsuit, you must prove that your medical provider violated their duty to care. This is usually done by seeking the opinion of medical expert witnesses. The medical expert will look over the evidence presented in your case, which includes depositions from the doctors involved in your case and any medical documents. He or she will decide whether your doctor acted according to the appropriate standards of procedure for professionals with similar training, expertise and conditions.

Lawyers also employ experts in finance to analyze and calculate your losses taking into account the present, past and future costs. Your lawyer will engage with the hospital, or physician's malpractice carrier and initiate a lawsuit, if necessary, to obtain the maximum amount of compensation for your child's injuries.

As opposed to most lawsuits injuries are often resolved through settlements. Settlements occur when all parties agree on an amount and cease any legal actions. If you do not reach a settlement in your case, your case may be brought to court where a jury and judge will decide on the outcome.

Birth injuries can cause long-lasting harm to your child or your entire family. It is essential to work closely with an attorney for birth injuries who is experienced in handling these claims.

Settlement

Your attorney should do everything possible to ensure that your family receives an amount that is fair. This will depend on the severity of your child's injuries and the needs that result from them. For instance, a serious birth injury could mean years of care, often around-the-clock. Your lawyer will consult medical and care experts to determine the total cost of the care and file an appropriate claim.

In a lot of cases, a doctor injuries or hospital's malpractice insurance company will offer to settle the case without the necessity of litigation. In these cases your lawyer will present an offer package that includes an exhaustive description of the facts surrounding your case along with a suggested dollar amount to settle the matter. The insurance company will examine the details and respond to your request with a counter offer. Your lawyer will negotiate an equitable settlement with the insurance company.

If a settlement can't be reached, your attorney could make a claim for medical malpractice in the county where the injury occurred. Depending on the circumstances, you can claim as defendants your doctor and any other hospitals or doctors involved in the birth of your child and the injury. After the lawsuit is filed, your attorney can obtain more details via the process known as discovery, which includes depositions as well as witness testimony sworn by witnesses. This evidence will be used to support your legal arguments.