Birth Injury Legal Help

Families face huge cost of living when a child is born with an medically-caused injury or illness. A birth injury attorney can help secure compensation that can cover care costs and enhance the quality of life for a child.

To prevail in a birth injury lawsuit, families must prove four elements:

Statute of limitations

Whatever the manner in which the injury occurred, it's crucial to seek legal advice immediately if you suspect that medical negligence. This will ensure that your claim is filed within the timeframe for your state's statutes of limitations and that you have enough time to develop a solid case and receive an appropriate amount of compensation.

In general, a claimant has two and a half (2-1/2) years to file a medical malpractice lawsuit beginning from the date of the occurrence of negligence. New York law extends this time limit to 10 years for cases filed on behalf of a child, provided that the child has not yet reached their 18th birthday.

To prevail in a lawsuit involving birth injuries, you need to prove that the defendant did not fulfill their duty to you and caused your child's injury. The way to establish causation is usually through the use of expert testimony and documents that show the best practices, which are widely accepted in the medical community.

Your lawyer will conduct an investigation and collect the relevant evidence in your case including medical records as well as tests results from both you and your child. Then, they'll identify potential defendants and request the required documents from the insurance companies. Once they have completed the process, they'll send a demand for damages in cash to the parties who are at fault. If they are unwilling to negotiate, your lawyer will start a lawsuit in court. A lawsuit is usually settled by a trial in which both sides present their evidence and arguments in front of a judge and jury.

Medical Experts

If a baby is injured during birth a birth injury and suffers a devastating effects for the child and their family. It is crucial to seek legal assistance as soon as you can. An attorney can then create a solid case based on medical records and depositions of doctors. A lawyer can also ask the medical expert to give an opinion or examine the case. This is a crucial element in any medical malpractice case.

Many birth injuries are difficult to prove because the signs may not appear until much later. Parents may not recognize birth injuries until their child has failed to meet milestones in development, or when their pediatrician has indicated that they have intellectual physical and intellectual deficiencies. A possible injury may be detected through indicators such as admission to the NICU, or the need for an CT or MRI scan following the birth.

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

Most medical malpractice claims that involve birth injury and birth injuries, are settled outside of court. In a settlement, defendants must agree on a dollar amount to resolve the claim. The amount must reflect past and future damages. Your lawyer will consult experts in the field of medicine and finance to determine the right amount.

Defendants

In order to win a birth injury lawsuit, you must demonstrate that your medical professional did not meet their duty of care. This is usually accomplished by obtaining an expert medical witness's opinion. The medical expert will examine the evidence in your case including medical records as well as depositions given by the doctors involved. The expert will determine whether your doctor's actions were in accordance to the appropriate standard of practice for professionals who have similar qualifications, experience and conditions.

A lawyer will also engage experts in finance to assess your losses and calculate fair damages to account for the past, present and future expenses. Your attorney will discuss with the hospital or physician's malpractice carrier and will bring a lawsuit if necessary to obtain the maximum amount of compensation for the injuries your child sustained.

Contrary to most lawsuits, birth injuries cases are usually settled. Settlements occur when all parties reach an agreement on an amount and cease any legal action. If you don't reach a settlement agreement in your case, you could go to court, where a jury and judge will decide on the outcome.

A birth injury is a serious medical condition that can cause lasting harm on your child and the family. It is important to work closely with a birth injury lawyer who has experience in handling such claims.

Settlement

Your lawyer should help get a fair settlement for your family. This will depend on the severity of your child's injuries as well as the resulting demands. A severe birth injury, for instance may require years of care, often round-the-clock. Your lawyer will consult with medical and care experts in order to determine the total cost of this treatment and file an appropriate claim.

In a lot of cases the hospital's or doctor's malpractice insurance company will offer to settle the case without the necessity of litigation. In these cases the lawyer will then send a demand package containing details of the facts and a dollar amount you would like to offer to settle the case. The insurance company will examine your information and respond with a counteroffer. Your lawyer will negotiate an equitable settlement with the insurance company.

When a settlement cannot be reached, your attorney may pursue a medical malpractice lawsuit in the county where the injury occurred. You could be able to claim your doctor along with any other hospital or doctor involved in the birth of your child and the injury as defendants based on the circumstances. Your lawyer will gather additional details after filing a lawsuit, including depositions and sworn testimony from witnesses through a discovery process. This evidence will help support your legal arguments.