Birth Injury Legal Help

Families are confronted with massive financial burdens when a child is born with an medically-caused injury or illness. A birth injury lawyer can assist families secure compensation to cover medical expenses and improve the quality of life for their children.

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

Statute of limitations

Regardless of how the injury occurred, it's important to seek legal counsel immediately if you suspect medical negligence. This will ensure that your claim is filed on time for your state's statutes limitations and you will have enough time to create a strong claim and get the right amount of compensation.

A person generally has two and a half (2-1/2 years) to bring a lawsuit for medical malpractice. The time period begins from when the negligence occurred. New York law extends the deadline to 10 years for cases brought by a child who has not yet reached their 18th Birthday.

To win a lawsuit for birth injuries, you need to prove that the defendant violated his or her duty to you and caused your child's injury. Causation is typically established through the use of expert testimony and documents demonstrating the best practices, which are generally accepted by the medical professionals.

Your lawyer will look into your case and collect all relevant evidence, including medical records for you and your child. They will then identify potential defendants and request the necessary documents from insurance companies. Once they have completed the procedure, they will send a demand for damages in cash to the parties responsible. If they are unwilling to negotiate, your lawyer will file a lawsuit in court. A lawsuit is usually resolved by trial, with each side presenting evidence and arguments to a judge and jury.

Medical Experts

If a baby is affected by an injury to their birth the result can be devastating consequences for the family and child. It is crucial to seek legal help as quickly as you can. The lawyer can then construct an effective case based on medical records and doctor depositions. A lawyer may also seek an expert medical professional to look over the case and provide an opinion. This is an essential step in any medical malpractice case.

Many birth injuries are difficult to prove, since the symptoms might not show up until much later. Parents usually don't realize they have them until their child misses milestones in development or their doctor declares that there are intellectual and physical deficits. An injury could be detected through symptoms such as an admission to the NICU or the need for a CT or MRI scan following the birth.

Causation is an additional element in a successful 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 cases such as birth injuries, settle out of court. In a settlement agreement, the parties must reach an agreement on a dollar amount in order to resolve the matter. The amount must reflect your past and future damages. Your lawyer will consult experts in the field of medicine and finance to determine the proper amount.

Defendants

A successful birth injury lawsuit needs proving that your medical professional violated his or her duty of care. This is usually done by obtaining a medical expert witness's opinion. The medical expert will analyze the evidence in your case including medical records as well as depositions given by the doctors involved. The expert will determine whether your doctor's actions were in conformity with the standard of care required for professionals with similar qualifications and expertise under the circumstances.

A lawyer may also consult financial experts to evaluate your losses and determine reasonable damages that take into account both present and future expenses. Your lawyer will discuss with the hospital's medical malpractice insurer and file a lawsuit, when necessary, to get the maximum amount of compensation for injuries sustained by your child.

Contrary to most lawsuits, birth injuries are often resolved through settlements. A settlement occurs when all parties reach an agreement on an amount and cease any legal actions. If your case fails to settle, it may go to trial where an arbitrator and judge will decide on your fate.

A birth injury is a serious medical issue which can have lasting consequences on your child and the family. It is important to work closely with an attorney for birth injuries who has experience handling such claims.

Settlement

Your attorney should do everything possible to ensure that your family receives an appropriate settlement. This will depend on the nature of your child's injuries as well as the resulting demands. For instance, a serious birth injury can lead to years of care, often throughout the day. Your lawyer will speak with medical and health experts to understand the total costs of this care and to create a proper damage claim.

In many cases, the malpractice insurance of a physician or hospital will offer the possibility of settling a case without litigation. In these situations the lawyer will then send a demand package containing an extensive description of the facts and a dollar amount you'd like to settle the case. The insurer will review the information and respond with a counteroffer. Your lawyer will work with the insurance company in order to reach a fair settlement.

If a settlement can't be reached, your attorney can bring a medical malpractice suit in the county in which the injury occurred. You may be able to claim your doctor along with any other hospitals or doctors involved in the birth of your child and the injury, as defendants based on the circumstances. Once the lawsuit is filed your attorney will be able to get more details through the process of discovery, which includes depositions as well as swearing testimony from witnesses. This information will support your legal arguments.