Birth Injury Legal Help

Families are faced with huge financial burdens when a baby is born with a medically caused injury or illness. A birth injury lawyer can help families receive compensation to cover medical expenses and improve the quality of life for their children.

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

Statute of limitations

It is crucial to speak with an attorney as soon as possible if you suspect medical negligence. This will ensure that your claim is filed within the timeframe for your state's statutes limitations and you will have enough time to develop a solid case and receive an appropriate amount of compensation.

A claimant generally has two and half (2-1/2 years) to pursue a lawsuit based on medical malpractice. The time period begins from the date the negligence occurred. New York law extends this time limit to 10 years for lawsuits brought on behalf of a child, provided the child has not reached the age of 18.

In order to win a lawsuit for birth injuries, you must prove that the defendant violated his or her obligation to you and caused your child's injury. The cause of the injury is determined by expert testimony and evidence that demonstrates the best practices and have been endorsed by the medical community.

Your lawyer will look into your case and collect all relevant evidence including medical records for you and your child. Then, they will identify potential defendants and request the required documents from the insurance companies. Once they have completed the procedure, they will send a demand note for damages in the amount of money to the parties who are at fault. If they don't agree to negotiate with you, your lawyer will bring suit in court. A lawsuit is usually settled through a trial during which each side will present its evidence and arguments in front of the jury and a judge.

Medical Experts

A birth injury can cause devastating harm to the child and his family. It is essential to seek legal advice as early as you can. The lawyer will then be able to construct an argument based on medical records and doctor depositions. Lawyers can also request an expert medical professional to give an opinion or analyze the case. This is an essential step in any medical malpractice case.

Many birth injuries are difficult to prove as the symptoms may not show up until much later. Parents often don't notice them until their child misses developmental milestones or until their pediatrician suggests intellectual and physical limitations. A potential injury could be identified by symptoms such as an admission to the NICU, or a need for a CT or MRI scan following the birth.

Causation is another key factor in a successful birth injury lawsuit. You must show that the breach of duty by the defendant caused the injury of your child. This means that if the doctor did not do the wrong thing, your child wouldn't have suffered an injury.

The majority of medical malpractice cases, including those involving birth injuries, settle outside of court. In a settlement agreement, the parties have to agree on a dollar value to settle the case. The amount must reflect your present and future damages. Your lawyer will consult with financial and medical experts to determine the right amount.

Defendants

To succeed in a birth injury lawsuit, you must demonstrate that your medical professional violated their duty to care. This is typically done by obtaining an expert medical witness's opinion. The medical expert will examine the evidence of your case, including depositions from the doctors involved in your case and medical documents. They will determine whether your doctor's actions were in accordance to the standard of practice for professionals with similar training, birth injury lawyer expertise and conditions.

An attorney will also work with financial experts to assess your losses and determine reasonable damages that include past, present, and future expenses. Your attorney will discuss with the hospital or the physician's malpractice insurance company and will initiate a lawsuit, if necessary, to ensure maximum compensation for the harms your child has sustained.

Unlike most lawsuits, birth injury cases often resolve in settlements. A settlement is when all parties agree to pay a specific amount of money and the legal process ceases. If you do not agree to a settlement in your case, the case could go to court, where a judge and jury will decide on the final outcome.

A birth injury is a serious medical problem that can have long-lasting effects on your child and the family. It is important to be in close contact with a birth injury lawyer who has experience handling these claims.

Settlement

Your lawyer should do everything possible to ensure that your family receives an equitable settlement. It will depend on the injuries your child has suffered and the subsequent needs. A serious birth injury attorney injury, for instance may require years of care and often round-the-clock. Your lawyer will consult with medical and health experts to understand the total costs of this care and file a suitable damage claim.

In many instances the malpractice insurance of a doctor or hospital will offer to settle a matter without litigation. In these instances, your lawyer will send an offer package that includes details of the facts and the dollar amount you'd like to settle the case. The insurer will review the information provided and then respond by counter-offering. Your lawyer will work with the insurance company in order to reach the fairness of the settlement.

If a settlement cannot be reached, your lawyer may bring a lawsuit against a medical malpractice in the state of the injury. You may be able to identify your doctor, as well as any other hospitals or doctors involved in the birth of your child and the injury as defendants, based on the circumstances. Your lawyer will gather additional information following the filing of a lawsuit, including depositions, sworn statements and other evidence from witnesses, through the discovery process. This evidence will support your legal arguments.