Birth Injury Legal Help

Families are faced with huge cost of living when a child is born with an medically-caused injury or illness. A birth injury lawyer can help 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 elements:

Statute of limitations

Regardless of how the injury was sustained, it is important to seek legal counsel whenever you suspect that medical negligence. This will ensure that your claim is filed on time to comply with your state's statutes limitations and you will have enough time to construct a strong case and obtain fair compensation.

A person generally has two and half (2-1/2 years) to pursue a lawsuit based on medical malpractice, beginning from the date the negligence occurred. New York law extends this deadline to 10 years for cases filed on behalf of children, provided that the child has not yet reached the age of 18.

To win a lawsuit for birth injuries, you must demonstrate that the defendant breached their duty to you and caused the injury to your child. The cause of the injury is determined by expert testimony and evidence of the best practices that are accepted by the medical community.

Your attorney will look into your case and gather all relevant evidence including medical records for you and your child. They will also identify potential defendants and obtain the required documents from their insurance companies. Once they have completed the procedure, they will send a demand letter requesting damages in money to the parties responsible. If they are unable to reach a settlement with you, your lawyer will take action in the court. A lawsuit is usually settled by a trial, in which each side presenting evidence and arguments before a judge and a jury.

Medical Experts

If a baby is injured during birth injuries to the birth process and suffers a devastating effects for the child and family. It is essential to seek legal advice as soon as you can. The attorney can then build an evidence-based case using medical records and doctor depositions. Attorneys can also engage an expert medical professional to look over the case and give an opinion. This is a crucial step in any medical malpractice lawsuit.

Many birth injuries are difficult to prove, since the symptoms might not appear until much later. Parents are often unaware of them until their child fails to meet developmental milestones or their pediatrician declares that there are physical and intellectual deficits. A potential injury could be detected by indicators such as admission to the NICU or a need for a CT or MRI scan following the birth.

Causation is another key aspect in a successful birth injury lawsuit. You must prove that the defendant's breach of duty caused your child's injury. This means that if the doctor didn't do the wrong thing the child would not have been injured.

The majority of medical malpractice claims that involve birth injuries, settle outside of court. In a settlement agreement, the defendants must be able to agree on a specific dollar amount in order to resolve the matter. The amount must reflect your present and future damages. Your lawyer will consult with financial and medical experts to determine the right amount.

Defendants

In order to succeed in a birth injury lawsuit, you must demonstrate that your medical professional violated their duty of care. This is typically accomplished by obtaining the opinion of an expert witness from a medical field. The medical expert will look over your case's evidence, including depositions of the doctors involved in your case and medical records. The expert will determine whether your doctor's actions were accordance with the proper standards of care for doctors with similar qualifications and expertise in the circumstances.

A lawyer may also employ experts in finance to evaluate and estimate your losses, taking into consideration your current, past, and future expenses. Your attorney will discuss with the hospital or the physician's malpractice insurance company and bring a lawsuit if necessary to ensure maximum compensation for the harms your child has sustained.

Unlike most lawsuits, birth injury cases usually end in settlements. Settlements occur when all parties agree to pay a minimum amount of money and legal proceedings cease. If you fail to reach a settlement in your case, the case could be taken to court where a jury and judge will decide on the outcome.

Birth injuries can have long-lasting effects on your child or your entire family. It is important to collaborate with a birth injury lawyer who is familiar with handling such cases.

Settlement

Your attorney must do everything possible to ensure that your family receives a fair settlement. It will depend on your child's injuries and the subsequent needs. A severe birth injury, for example, could require years of treatment and often, round-the-clock. Your lawyer will talk to medical and care experts to assess the total cost of this treatment and to file a suitable damage claim.

In many instances, the malpractice insurance of a physician or hospital will offer to settle a matter without litigation. In these cases your lawyer will mail a demand package containing an exhaustive description of the facts and a dollar amount you would like to offer to settle your case. The insurance company will scrutinize the information provided and then respond by counter-offering. Your lawyer will negotiate with the insurance company in order to reach an appropriate settlement.

If no settlement is agreed upon, your lawyer could make a claim for medical negligence in the county of the injury. Based on the circumstances, you can claim as defendants your doctor and any other hospitals or doctors involved in your child's birth and the injury. After the lawsuit is filed, your attorney can obtain additional information via a process called discovery, which includes depositions as well as swearing testimony from witnesses. These evidences will support your legal arguments.