Birth Injury Legal Help

If a child is born suffering from an injury or illness due to medical negligence, families are confronted with massive financial costs. An attorney for birth injuries can assist in obtaining compensation to cover medical expenses and improve a child's quality of life.

Families must prove four things to win a lawsuit for birth injuries:

Statute of Limitations

No matter how the injury was sustained, it's important to seek legal counsel when you suspect medical negligence. This will ensure that your claim is filed on time to comply with your state's statutes limitations and that you have sufficient time to build a solid case and receive an appropriate amount of compensation.

In general, a party has two and two-and-a-half (2-1/2) years to file a medical negligence lawsuit beginning from the date of the act of negligence. New York law extends the time limit to 10 years for cases brought by a child even if they haven't yet reached their 18th Birthday.

To win a birth injuries lawsuit, you must show that the defendant violated their duty to you when the child's injuries. The way to establish causation is usually through evidence from experts and documents that demonstrate the best practices, which are widely accepted by the medical professionals.

Your lawyer will conduct an investigation and gather all relevant evidence in your case including medical records and test results from both you and your child. Then, they'll identify potential defendants and request required documents from insurance companies. After completing the process, they will submit a demand letter to the parties at fault for financial damages. If they refuse to negotiate with you, your lawyer will sue in the court. A lawsuit is generally resolved by trial, with each side presenting its evidence and arguments to a judge and jury.

Medical Experts

Birth injuries could have devastating consequences for the child and his family. It is essential to seek legal assistance as soon as you can. The lawyer can then construct an effective case based on medical records and depositions of doctors. A lawyer may also seek an expert medical professional to look over the case and offer an opinion. This is an essential step in any medical malpractice claim.

Many birth injuries are difficult to prove because the signs might not appear until much later. Parents may not notice birth injuries until their child has missed developmental milestones, or their pediatrician has stated that their child has intellectual and physical deficiencies. A possible injury may be detected by signs such as admission to the NICU or the need for a CT or MRI scan after birth.

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

The majority of medical malpractice cases such as birth injuries, settle out of court. In a settlement agreement, the parties have to be able to agree on a specific dollar amount in order to resolve the claim. The amount must reflect your past and future damages. Your lawyer will work with medical and financial experts to determine the right amount.

Defendants

To succeed in a birth injury lawsuit, you must prove that your medical professional violated their duty to care. This is usually done by obtaining a medical expert witness's opinion. The medical expert will review the evidence presented in your case, which includes depositions from the doctors involved in your case and medical records. The expert will determine whether your doctor acted according to the appropriate standard of practice for professionals with similar training, expertise and the circumstances.

An attorney will also work with experts in finance to assess your losses and calculate reasonable damages that take into account the present, past, and future costs. Your attorney will negotiate with the hospital or the doctor's malpractice insurer and file a lawsuit if necessary to get the most compensation possible for the harms your child has sustained.

Contrary to most lawsuits, birth injury cases are typically settled. Settlements occur when all parties agree to pay a set amount of money, and all legal action stops. If you are unable to agree to a settlement in your case, your case may go to court, where a judge and jury will decide on the outcome.

Birth injuries can have long-lasting effects on your child or your family. It is essential to collaborate with an attorney for birth injuries who has experience in handling such claims.

Settlement

Your attorney should work to get a fair settlement for your family. This will depend on the severity of your child's injuries as well as resulting needs. For instance, a serious birth injury could mean years of care, usually throughout the day. Your lawyer will consult medical and medical experts to determine the total cost of this treatment and file an appropriate claim.

In a majority of cases, a hospital or doctor's malpractice insurer will offer to settle the matter without the necessity of litigation. In these situations the lawyer will then send the demand package, which includes a detailed description of the facts and the dollar amount you would like to offer to settle your case. The insurance company will scrutinize the information and respond with a counter-offer. Your lawyer will negotiate a fair settlement with the insurance company.

If a settlement isn't reached, your lawyer can file a lawsuit for medical malpractice in the county of the injury. Depending on the circumstances, you may claim as defendants your doctor and any other doctors or hospitals involved in the birth of your child and the injury. Once the lawsuit is filed the attorney can get more details through the process of discovery, which includes depositions as well as sworn testimony from witnesses. These evidences will support your legal arguments.