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 assist families secure compensation to cover medical expenses and improve the quality of life for their children.

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

Statute of Limitations

No matter how the injury was sustained, it's essential to seek legal advice immediately if you suspect that medical negligence. This ensures that your claim is filed within the state's statute of limitations, and you have time to construct a solid case and receive fair compensation.

A person generally has two and 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 filed by children who has not yet reached the age of 18.

To be successful in a lawsuit against birth injuries, you must show that the defendant did not fulfill their duty to you and caused your child's injury. Causation is established by expert testimony and documents that demonstrate best practices, which have been endorsed by the medical community.

Your attorney will investigate and gather all relevant evidence in your case including medical records and test results from both you and your baby. Then, they'll identify potential defendants and request the necessary documents from the insurance companies. After 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 bring a lawsuit to court. A lawsuit is usually settled through a trial, with each side presenting its evidence and arguments before a jury and judge.

Medical Experts

If a baby is affected by a birth injury it can have devastating effects for the child and family. It is imperative to seek legal help as quickly as you can. This will allow the attorney to construct a strong case, based on evidence such as medical records and depositions by doctors. Lawyers may also approach an expert in medical field to provide an opinion and examine the case. This is an essential step in any medical malpractice case.

Birth injuries can be difficult to prove because symptoms may not manifest until later. Parents often don't notice the signs until their child is missing milestones in their development or when their pediatrician states that there are intellectual and physical deficiencies. A potential injury could be detected by indications such as admission to the NICU or a need for a CT or MRI scan after birth.

Causation is also an essential element in a successful lawsuit for birth injury. You must establish that the defendant's breach in duty caused your child's injuries. If the doctor had not committed the breach of duty, then your child would not have sustained an injury.

The majority of medical malpractice claims including those involving birth injury that are settled out of court. In a settlement, the defendants must agree on an amount of money to settle the case. The amount must reflect your present and future damages. Your lawyer will consult experts in financial and medical fields to determine the right amount.

Defendants

A successful birth injury lawsuit will require proving that your medical professional did not fulfill their duty of care. This is typically accomplished by seeking the opinion of a medical expert witness. The medical expert will examine 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's actions are in accordance to the proper standard of procedure for professionals with similar training, expertise and the circumstances.

A lawyer can also employ financial experts to evaluate your losses and estimate reasonable damages that include the present, past, and future expenses. Your attorney will engage with the hospital, or the physician's malpractice insurance company and will file a lawsuit if necessary to get the most compensation possible for the harms your child has sustained.

As opposed to most lawsuits injury cases often resolve in settlements. Settlement occurs when all parties reach an agreement on an amount and cease any legal action. If your case doesn't come to a settlement then it could go to trial, and a judge and jury will decide on your fate.

A birth injury can cause long-lasting harm to your child or your entire family. It is crucial to work closely with an attorney for birth injuries who is familiar with handling these claims.

Settlement

Your attorney must work to obtain a fair settlement for your family. It will depend on the extent of your child's injury and the needs that result from them. For instance, a severe birth injury could result in years of care, usually throughout the day. Your lawyer will consult medical and care experts in order to determine the total cost of this care and file an appropriate claim.

In many instances the malpractice insurance of a physician or hospital will offer the option of settling a case with no litigation. In these situations, your lawyer will send an order package with an extensive description of the facts and birth injury lawsuit the dollar amount you would like to offer to settle the case. The insurer will review your details and respond with a counteroffer. Your lawyer will negotiate an equitable settlement with the insurance company.

If a settlement is not reached, your attorney may make a claim for medical malpractice in the county in which the incident occurred. Based on the circumstances, you may identify as defendants your doctor and any other hospitals or doctors involved in your child's birth and the injury. When the lawsuit is filed the attorney can get additional information via a process called discovery, that includes depositions, as well as the sworn testimony of witnesses. This information will support your legal arguments.