Birth Injury Legal Help

Families are faced with enormous financial costs when a child is born with an medically-caused injury or illness. An attorney who specializes in birth injuries can help secure compensation to cover the care costs and enhance the quality of life of a child.

Families must demonstrate four things to win a lawsuit claiming birth injury:

Statute of Limitations

It is important to consult an attorney as soon as possible if you suspect medical malpractice. This ensures that your claim is filed within the state's statute of limitations, as well as that you have sufficient time to build a strong case and receive the right amount of compensation.

A claimant generally has two and half (2-1/2 years) to bring a lawsuit for medical malpractice, starting from when the negligence occurred. New York law extends this time limit to 10 years for cases filed on behalf of children, provided that the child has not reached their 18th birthday.

In order to win a birth-related injury lawsuit, you must show that the defendant breached their obligation to you by causing your child's injuries. Causation is usually established by using expert testimony and evidence demonstrating best practices, which are generally accepted by the medical community.

Your lawyer will conduct an investigation and collect all relevant evidence in your case, including medical records and test results from both you and your baby. Then, they will identify potential defendants and request necessary documents from insurance companies. Once they have completed the process, they will send a demand note for damages in money to the parties who are at fault. If they don't agree to a settlement your lawyer will begin a lawsuit in the courtroom. A lawsuit is usually settled through a trial during which each side presents its evidence and arguments to jurors and judges.

Medical Experts

A birth injury can have devastating consequences for the child and his family. It is imperative to seek legal help as quickly as you can. An attorney can then create an evidence-based case using medical records and depositions of doctors. A lawyer may also ask a medical expert for an opinion and to look over the case. This is a crucial element for any claim involving medical malpractice.

Birth injuries can be difficult to prove as symptoms might not be apparent until later. Parents often don't notice them until their child misses developmental milestones or their pediatrician suggests intellectual and physical limitations. A possible injury may be detected through symptoms such as an admission to the NICU or a need for an CT or MRI scan after birth.

Causation is an additional factor in the success of a birth injury lawsuit. You must establish that the defendant's breach in duty caused your child's injuries. If the doctor hadn't committed the breach of duty, then your child would not have suffered an injury.

The majority of medical malpractice claims such as birth injuries, are settled out of court. In a settlement agreement, the defendants must reach an agreement on a dollar amount in order to resolve the case. The amount must reflect your present and future damages. Your lawyer will work with financial and medical experts to determine the proper amount.

Defendants

In order to be successful in a birth injury lawsuit you must prove that your medical professional breached their duty of care. This is usually accomplished by obtaining a medical expert witness's opinion. The expert will look over the evidence in your case including medical records and depositions given by the doctors involved. He or she will determine whether your doctor's actions were in conformity with the standard of care for professionals who have similar training and expertise in the circumstances.

A lawyer may also employ financial experts to assess and calculate your losses taking into consideration the present, past and future costs. Your attorney will negotiate with the hospital or physician's malpractice company and initiate a lawsuit, if necessary, to secure maximum compensation for the harms your child has sustained.

Contrary to many lawsuits catoosa birth injury law firm injury cases are typically settled. A settlement occurs when all parties agree to a certain amount of money and legal proceedings cease. If you are unable to reach a settlement agreement in your case, you could be taken to court where a judge and jury will decide the outcome.

A bedford birth injury attorney injury could cause long-lasting harm to your child or your entire family. It is essential to be in close contact with an attorney who is experienced in handling these claims.

Settlement

Your lawyer must do all 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 resulting demands. For instance, a severe tuscaloosa birth injury lawsuit injury could require years of care, often 24/7. Your lawyer will speak with medical and care experts to assess the total cost of the care and file a suitable damage claim.

In many cases, a doctor or hospital's malpractice insurance company will offer to settle the matter without the necessity of litigation. In these instances the lawyer will then send a demand package containing an exhaustive description of the facts and the dollar amount that you want to settle the case. The insurance company will examine your details and respond with a counteroffer. Your lawyer will negotiate an equitable settlement with the insurance company.

If no settlement is reached, your lawyer can make a claim for medical malpractice in the state of the injury. Depending on the circumstances, you may name as defendants your doctor and any other hospitals or doctors involved in the birth of your child and the injury. Your lawyer will gather additional information following the filing of a lawsuit, which includes depositions and sworn testimonies from witnesses, as part of discovery. This evidence will be used to support your legal arguments.