Birth Injury Legal Help

Families face huge cost of living when a child is born with a medically triggered injury or illness. A birth injury lawyer can assist families obtain compensation to pay for 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

It is important to consult a lawyer as soon as possible if you suspect medical negligence. This will ensure that your claim is filed at the right time for your state's statutes limitations and that you have the time to construct a strong case and receive fair compensation.

A person generally has two and birth injury lawyer a half (2-1/2 years) to file a lawsuit for medical malpractice. The time period begins from the date of the incident. New York law extends the deadline to 10 years for cases filed by children 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 acted in breach of their duty to you and caused the injury to your child. Causation is usually established through the use of evidence from experts and documents that demonstrate the best practices, which are generally accepted by the medical profession.

Your lawyer will conduct an investigation and collect all evidence relevant to your case, including medical records and test results from both you and your child. They will then find potential defendants and obtain the required documents from their insurance companies. Once they have completed the procedure, they will send a demand letter requesting monetary damages to the parties responsible. If they do not agree to negotiate with your lawyer, they will take action in the court. A lawsuit is usually settled by a trial, in which each side presenting evidence and arguments before a jury and a judge.

Medical Experts

If a child suffers an injury at birth the result can be devastating effects for the child and family. It is essential to seek legal help as soon as possible. This will enable the lawyer to build a strong case, with evidence such as medical documents and depositions of doctors. Attorneys can also engage an expert in medical to review the case and give an opinion. This is a crucial element for any claim involving medical malpractice.

Birth injuries can be difficult to prove because symptoms may not be evident until later. Parents may not recognize birth injuries until their child has missed developmental milestones, or until their doctor has suggested that their child has intellectual and physical deficits. A possible injury may be indicated by indications such as admission to the NICU, or the need for an CT or MRI scan following the birth.

Causation is yet another crucial aspect in the success of a birth injury lawsuit. You must show that the defendant's breach of duty led to the injury of your child. If the doctor hadn't committed the breach of duty, then your child would not have suffered an injury.

The majority of medical malpractice claims that involve birth injuries and birth injuries, are settled outside of court. In a settlement agreement, the parties must reach an agreement on a dollar amount to settle the matter. The amount must reflect past and future damages. Your lawyer will consult with financial and medical experts to determine the proper amount.

Defendants

A successful birth injury lawsuit will require the proof that your doctor did not fulfill their duty of care. This is usually done by obtaining an expert medical witness's opinion. The medical expert will examine the evidence in your case, including any medical records and depositions taken by doctors involved. They will determine whether your doctor's actions conform to the proper standard of procedure for professionals who have similar qualifications, experience and context.

An attorney will also work with financial experts to assess your losses and estimate reasonable damages that include both present and future costs. Your lawyer will bargain with the hospital's or physician's malpractice insurer and file a lawsuit if necessary, to secure maximum compensation for injuries suffered by your child.

Contrary to most lawsuits, birth injury cases usually end in settlements. Settlements occur when all parties agree on the amount they want and then stop all legal action. If you don't reach a resolution in your case, you may go to court, where a judge and jury will decide on the outcome.

A birth injury is a serious medical problem which can have lasting consequences for your child and family. It is important to work closely with a birth injury lawyer who has experience handling such claims.

Settlement

Your lawyer should help find a full settlement for your family. This will depend on the severity of your child's injuries as well as the resulting demands. A serious birth injury, for instance, could require years of medical attention and often, round-the-clock. Your lawyer will speak with medical and health experts to know the total cost of this treatment and to submit a claim for damages that is appropriate.

In many cases the malpractice insurance policy of a doctor or hospital will offer the option of settling a case with no litigation. In these situations your lawyer will mail the demand package, which includes an exhaustive description of the facts and a dollar amount you would like to offer to settle your case. The insurance company will scrutinize your details and respond by counter-offering. Your lawyer will negotiate an acceptable settlement with the insurance company.

If no settlement is reached, your lawyer may pursue a lawsuit for medical malpractice in the county of the injury. Depending on the circumstances, you could include as defendants your physician and any other doctors or hospitals involved in the birth injury law firm of your child and the injury. After filing the lawsuit the attorney can get more details via the process known as discovery, that includes depositions, as well as sworn testimony from witnesses. This information will support your legal arguments.