Birth Injury Legal Help

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

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

Statute of limitations

It is important to consult a lawyer whenever you suspect medical negligence. This ensures that your claim is filed within the state's statute of limitations, as well as that you have enough time to develop a strong case and obtain the right amount of compensation.

A person who is a plaintiff typically has two and a half (2-1/2 years) to bring a lawsuit for medical malpractice, beginning from when the negligence occurred. New York law extends this time limit to 10 years for cases brought on behalf a child, provided that the child has not reached the age of 18.

To prevail in a birth injury lawsuit, you must prove that the defendant violated their obligation to you by inflicting injuries on your child. The cause of the injury is usually determined through the use of evidence from experts and documents that demonstrate best practices, which are widely accepted by the medical community.

Your attorney will investigate your case and collect all relevant evidence, including medical records for you and your child. They will then identify potential defendants and get the required documents from their insurance companies. After they have completed the process, they'll send a demand note for damages in cash to the parties at fault. If they don't agree to a settlement then your lawyer will start a lawsuit in court. A lawsuit is generally resolved through a trial, with both sides presenting their evidence and arguments before a jury and judge.

Medical Experts

A birth injury can have devastating effects on the child and his family. It is important to seek legal assistance as soon as possible. This will allow the attorney to construct a strong case, using evidence like medical records and depositions by doctors. Lawyers can also request a medical expert to give an opinion or analyze the case. This is a crucial aspect in any medical malpractice case.

Many birth injuries are difficult to prove, as the symptoms may not show up until much later. Parents are often unaware of them until their child fails to meet developmental milestones or their pediatrician indicates that there are intellectual and physical limitations. A possible injury can be indicated by indications such as admission to the NICU, or a need for an CT or MRI scan after birth.

Causation is a crucial factor in a successful birth injury lawsuit. You must show that the breach of duty by the defendant caused the injury to your child. If the doctor hadn't committed the breach of duty, your child would not have sustained an injury.

The majority of medical malpractice cases which include birth injuries, are settled out of court. In a settlement agreement, the parties have to reach an agreement on a dollar amount to settle the matter. The amount must reflect your past and future damages. Your lawyer will consult experts in the field of medicine and finance in order to determine the correct amount.

Defendants

A successful birth injury lawsuit needs proving that your medical professional violated his or her duty of care. This is typically accomplished by obtaining the opinion of an expert witness from a medical field. The expert medical examines your case's evidence, including depositions of the doctors involved in your case as well as any medical documents. He or she will establish whether your doctor's actions were conformity with the appropriate standard of care required for professionals with similar training and expertise in the context.

A lawyer may also consult financial experts to assess your losses and Birth Injury Lawsuit estimate reasonable damages to account for both present 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 secure maximum compensation for your child's injuries.

Contrary to most lawsuits, birth injuries are often resolved through settlements. A settlement occurs when all parties agree to a certain amount of money and all legal action stops. If your case is unable to settle or settlement, it will go to trial, and jurors and judges will decide what happens.

A birth injury could have long-lasting effects on your child or your family. It is crucial to collaborate with an attorney for birth injuries who has experience in handling these claims.

Settlement

Your lawyer must do all possible to ensure that your family receives an equitable settlement. This will depend on the nature of your child's injuries and the needs that result from them. For instance, a major birth injury could result in years of care, often 24/7. Your lawyer will speak with medical and health experts to determine the total cost of this care and submit a claim for damages that is appropriate.

In many cases the malpractice insurance of a medical facility or hospital will offer to settle a matter without litigation. In these instances your lawyer will mail a demand package containing a detailed description of the facts and a dollar amount you'd like to settle the case. The insurance company will scrutinize 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 lawyer can bring a lawsuit against a medical negligence in the county of the injury. It is possible to claim your doctor along with any other doctors or hospital involved in the birth of your child, and also the injury, as defendants, based on the circumstances. Your lawyer can gather additional details after filing an action, such as depositions and sworn testimonies from witnesses, as part of discovery. This evidence can be used to support your legal arguments.