Birth Injury Legal Help

When a child is born with an illness or injury because of medical negligence, families are confronted with massive financial costs. An attorney who specializes in birth injuries can help secure compensation to cover medical costs and enhance the quality of life of a child.

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

Statute of limitations

Whatever the way in which the injury was sustained, it is important to seek legal counsel immediately if you suspect medical negligence. This will ensure that your claim is filed within your state's statute of limitations, as well as that you have sufficient time to construct a solid case and recover an appropriate amount of compensation.

A plaintiff generally has two and half (2-1/2 years) to file a lawsuit for medical malpractice, starting from when the negligence occurred. New York law extends the time limit to 10 years for cases brought by a child if they have not yet reached the age of 18.

In order to win a lawsuit for birth injuries, you must show that the defendant violated his or her duty to you and caused the injury to your child. The way to establish causation is usually through the use of expert testimony and documents demonstrating the best practices, which are widely accepted in the medical community.

Your attorney will conduct an investigation and collect all evidence relevant to your case, including medical records and tests results from both you and your baby. They will then find potential defendants and obtain the necessary documents from their insurance companies. Once the paperwork is completed, they'll send a demand notice to the at-fault parties for financial damages. If they refuse to negotiate with you, your lawyer will take action in the court. A lawsuit is usually settled by a trial where each side is required to present its evidence and arguments to jurors and judges.

Medical Experts

Birth injuries could have devastating consequences for the child and his family. It is important to get legal help as soon as possible. The attorney can then build an evidence-based case using medical records and depositions of doctors. Lawyers can also request a medical expert to provide an opinion and review the case. This is a crucial aspect in any medical malpractice case.

Birth injuries aren't always easy to prove as symptoms might not be evident until later. Parents usually don't realize they have them until their child has missed milestones in development or their doctor declares that there are intellectual and physical limitations. A potential injury could be indicated by indications such as admission to the NICU or a need for a CT or MRI scan following the birth.

Causation is yet another crucial factor in the success of a birth injury lawsuit. You must show that the defendant's failure in duty caused your child's injury. This means that if the doctor didn't do the wrong thing the child would not have suffered an injury.

The majority of medical malpractice cases, including those involving birth injuries, 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 past and future damages. Your lawyer will collaborate 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 of care. This is typically done by obtaining a medical expert witness's opinion. The expert medical examines the evidence in your case, including depositions from the doctors who were involved in your case and any medical documents. The expert will determine whether your doctor's actions are in accordance to the appropriate standard of procedure for professionals with similar training, expertise and circumstances.

An attorney will also work with financial experts to analyze your losses and calculate fair damages to account for both present and future expenses. Your lawyer will negotiate with the hospital or the doctor's malpractice insurer and will bring a lawsuit if necessary to ensure maximum compensation for your child's injuries.

Contrary, to most lawsuits birth injury lawyer injury cases are typically settled. A settlement is when all parties agree to a certain amount of money and legal proceedings cease. If you do not reach a resolution in your case, the case could go to court, where a jury and judge will decide on the outcome.

A birth injury can be a long-lasting affliction on your child or your entire family. It is important to collaborate with an attorney who has experience in handling such cases.

Settlement

Your attorney must 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. A severe birth injury, like may require years of care and typically, 24/7. Your lawyer will consult medical and firm health experts to determine the total cost of the care and file an appropriate claim.

In a majority of cases, firm a hospital or doctor's malpractice insurer will offer to settle the matter without the need for litigation. In these situations your lawyer will provide an offer package that includes an exhaustive description of the facts and the dollar amount that you propose to settle the case. The insurance company will review the details and respond with a counteroffer. Your lawyer will negotiate an acceptable settlement with the insurance company.

If a settlement cannot be reached, your attorney can bring a medical malpractice suit in the county where the injury occurred. Depending on the circumstances, you may name as defendants your doctor and any other hospitals or doctors involved in your child's birth and the injury. Your lawyer can gather additional information after filing a lawsuit, including depositions and sworn statements from witnesses, as part of an investigation process. The evidence you gather will aid in your legal arguments.