Birth Injury Legal Help

Families are confronted with massive financial costs when a child is born with an medically-caused injury or illness. An attorney for birth injuries can help secure compensation to cover medical expenses and improve the quality of life of a child.

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

Statute of Limitations

It is crucial to speak with an attorney as soon as possible if you suspect medical malpractice. This ensures that your claim is filed within the state's statute of limitations, and that you have enough time to build a strong case and obtain an appropriate amount of compensation.

In general, a party has two and 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 deadline to 10 years in cases filed on behalf of a child, provided the child has not yet reached the age of 18.

To win a birth injuries lawsuit, you have to prove that the defendant breached their duty to you when causing your child's injuries. Causation is usually established through expert testimony and documents demonstrating the best practices, which are generally accepted by the medical community.

Your attorney will look into your case and collect all relevant evidence, including medical records for you and your child. They will then determine potential defendants and obtain the required documents from their insurance companies. Once complete, they will send a demand letter to the parties at fault for monetary damages. If they don't agree to negotiate with you, your lawyer will sue in the court. A lawsuit is usually resolved through a trial, where each side is required to present its arguments and evidence before jurors and judges.

Medical Experts

When a baby suffers from injuries to the birth injury lawyers process it can have devastating effects for the family and child. It is essential to seek legal advice as early as you can. The attorney can then build an effective case based on medical records and depositions of doctors. A lawyer may also ask an expert in medical field for a opinion and review the case. This is a crucial element in any medical malpractice case.

Many birth injuries are difficult to prove because the signs may not show up until much later. Parents may not be aware of birth injuries until their child has missed milestones in development, or when their pediatrician has determined that there are cognitive and physical limitations. A possible injury may be identified by signs such as admission to the NICU or the need for an CT or MRI scan after birth.

Causation is also a key aspect of a successful lawsuit for birth injuries. You must demonstrate that the defendant's lapse in duty caused your child's injuries. This means that if the doctor didn't violate his duty, your child wouldn't have been injured.

The majority of medical malpractice cases such as birth injuries, settle outside of court. In a settlement agreement, the defendants must be able to agree on a specific dollar amount in order to resolve the case. The amount must reflect past and future damages. Your lawyer will collaborate with financial and medical experts to determine the right amount.

Defendants

A successful birth injury lawsuit requires the medical professional to prove that they did not fulfill their duty of care. This is usually done by seeking the opinion of medical expert witnesses. The medical expert will examine the evidence in your case, including medical records and depositions taken by doctors involved. He or she will determine whether your doctor acted according to the standard of practices for professionals with similar training, expertise and context.

An attorney will also work with financial experts to evaluate your losses and calculate fair damages that take into account both present and future expenses. Your lawyer will discuss with the hospital or physician's malpractice carrier and initiate a lawsuit, if necessary, to get the most compensation possible for your child's injuries.

In contrast to the majority of lawsuits, birth injuries are often resolved through settlements. A settlement occurs when all parties reach an agreement on a certain amount and stop all legal actions. If your case doesn't reach a settlement, it may be referred to trial, where a judge and jury will decide on your fate.

Birth injuries can have lasting effects on your child or your entire family. It is essential to be in close contact with an attorney for birth injuries who has experience in dealing with such claims.

Settlement

Your lawyer must do all possible to ensure that your family receives an appropriate settlement. This will depend on the severity of your child's injuries and resulting needs. A severe birth injury, for example might require years of care and often, round-the-clock. Your lawyer will consult medical and health experts to assess the total cost of this treatment and to file a suitable damage claim.

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

If a settlement cannot be reached, your lawyer can pursue a lawsuit for medical negligence in the county that caused the injury. You may be able claim your doctor along with any other hospitals or doctors involved in the birth of your child, and also the injury, as defendants based on the circumstances. Your lawyer will gather additional details after filing a lawsuit, which includes depositions, sworn statements and other evidence from witnesses through an investigation process. The evidence you gather will aid in your legal arguments.