Birth Injury Legal Help

If a child is born suffering from an illness or injury due to medical negligence, families are confronted with massive financial costs. A birth injury attorney can help secure compensation to cover the care expenses and improve the quality of life for a child.

To prevail in a birth injury lawsuit, families must demonstrate four things:

Statute of Limitations

Whatever the way in which the injury was sustained, it's important to seek legal counsel when you suspect that medical negligence. This ensures that your claim is filed within the state's statute of limitations, and that you have enough time to create a strong case and recover fair compensation.

A claimant generally has two and a half (2-1/2 years) to bring a lawsuit for medical malpractice, starting from the date the negligence occurred. New York law extends this deadline to 10 years in cases brought on behalf of a child, provided that the child has not yet reached the age of 18.

To win a birth injury lawsuit, you have to prove that the defendant violated their obligation to you inflicting injuries on your child. The way to establish causation is usually through expert testimony and evidence demonstrating the best practices, which are widely accepted by the medical professionals.

Your attorney will conduct an investigation and collect any relevant evidence to your case including medical records as well as test results from both you and your baby. They will then determine potential defendants and collect the necessary documents from their insurance companies. Once they have completed the procedure, they will send a demand note for monetary damages to the parties at fault. If they don't agree to a settlement the lawyer will bring a lawsuit to court. A lawsuit is usually resolved through a trial, where each side presents its evidence and arguments before jurors and judges.

Medical Experts

When a baby suffers from a birth injury and suffers a devastating effects for the child and their family. It is imperative to seek legal help as quickly as possible. The attorney can then build a solid case based on medical records and doctor depositions. Lawyers can also request a medical expert to review the case and give an opinion. This is an essential step in any medical malpractice lawsuit.

Many birth injuries are difficult to prove, since the symptoms might not manifest until much later. Parents may not recognize birth injuries until their child has failed to meet developmental milestones or their pediatrician has indicated that there are cognitive physical and intellectual deficiencies. Signs of injury, like admission to the NICU or need for a CT scan or MRI after birth, can also indicate a possible injury.

Causation is another key element in the success of a birth injury lawsuit. You must show that the breach of duty by the defendant caused your child's injury. This means that if the doctor didn't make the breach of duty the child would not have been injured.

The majority of medical malpractice claims, such as those involving birth injuries or birth injury, are settled out of court. In a settlement, the defendants must agree on an amount in dollars to settle the matter. The amount must reflect past and future damages. Your lawyer will collaborate with financial and medical experts to determine the appropriate amount.

Defendants

A successful birth injury lawsuit requires the proof that your doctor breached their duty of care. This is usually done by obtaining the opinion of an expert witness from a medical field. The medical expert will examine the evidence in your case including medical records as well as depositions made by the doctors involved. The expert will determine whether your doctor's actions were in accordance with the proper standards of care for doctors with similar training and expertise in the context.

A lawyer may also employ experts in finance to analyze and estimate your losses, considering your current, past and future costs. Your lawyer will bargain with the hospital's or physician's malpractice insurer and file a lawsuit in the event that it is necessary, to obtain maximum compensation for injuries suffered by your child.

Contrary to most lawsuits, birth injuries cases are generally settled. A settlement is when all parties agree to pay a set amount of money, and legal proceedings cease. If you are unable to reach a settlement in your case, the case may be brought to court where a judge and jury will decide on the final outcome.

A birth injury is a serious medical issue which can have lasting consequences on your child and family. To get the best results, it is important to choose a skilled birth injury lawyer with a experience of settling these claims successfully.

Settlement

Your lawyer should do everything possible to ensure that your family receives an amount that is fair. This will depend on the nature of your child's injuries and the subsequent needs. For instance, a major birth injury could mean years of care, usually all-hours-of-the-day. Your lawyer will consult with medical and health experts to determine the amount of care required and file an appropriate claim.

In many instances doctors or hospitals' malpractice insurer will offer to settle the case without the necessity of litigation. In these cases, your lawyer will send an offer package that includes an extensive description of the facts and a dollar amount that you propose to settle your case. The insurer will review the information and respond with a counter offer. Your lawyer will negotiate with the insurance company to come up with a fair settlement.

If a settlement cannot be agreed upon, your lawyer could file a lawsuit for medical negligence in the county that caused the injury. Depending on the circumstances, you may identify as defendants your doctor and any other doctors or hospitals involved in the birth of your child and the injury. Your lawyer will gather additional information after filing an action, such as depositions and sworn testimony from witnesses, as part of the discovery process. This information will support your legal arguments.