Birth Injury Legal Help

Families are confronted with massive financial burdens when a child is born with a medically caused injury or illness. A birth injury lawyer can assist families get compensation to cover medical expenses and improve the quality of life for their children.

To win a birth injury lawsuit, families must demonstrate four elements:

Statute of limitations

It is essential to talk with a lawyer whenever you suspect medical malpractice. This ensures that your claim is filed within the state's statute of limitations, as well as that you have enough time to create a strong case and receive 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 from the date of the incident of negligence. New York law extends the deadline to 10 year for cases brought by a child in the event that they have not yet reached the age of 18.

To win a lawsuit for birth injuries, you must show that the defendant did not fulfill his or her duty to you and caused the injury to your child. The cause of the injury is determined by expert testimony and documents that show the best practices, which have been endorsed by the medical community.

Your lawyer will investigate your case and gather all relevant evidence, including medical records for you and your child. They will then find potential defendants and obtain the necessary documents from their insurance companies. Once they have completed the process, they will send a demand note for damages in cash to the parties at fault. If they do not agree to negotiate the lawyer will start a lawsuit in court. A lawsuit is usually resolved by trial, with each side presenting evidence and arguments before a judge and a jury.

Medical Experts

Birth injuries can cause devastating harm to the child and his family. It is imperative to seek legal assistance as soon as possible. An attorney can then create an effective case based on medical records and depositions of doctors. A lawyer may also ask a medical expert for an opinion and to review the case. This is a crucial element for any claim involving medical malpractice.

Birth injuries can be difficult to prove since symptoms may not show up until later. Parents usually don't realize they have them until their child has missed milestones in development or their doctor indicates that there are intellectual and physical deficiencies. Signs of injury, like admission to the NICU or a need for a CT scan or MRI after birth, could be a sign of an injury.

Causation is also an essential component of a successful lawsuit for birth injuries. You must prove that the defendant's breach of duty led to your child's injury. This means that if the doctor did not commit the breach of duty your child wouldn't've been injured.

The majority of medical malpractice cases which include birth injuries, are settled out of court. In a settlement agreement, the defendants have to agree on a dollar value in order to resolve the case. The amount must reflect your present and future damages. Your lawyer will consult financial and medical experts in order to determine the correct amount.

Defendants

In order to be successful in a birth injury lawsuit you must prove that your medical professional violated their duty of care. This is usually done by obtaining a medical expert witness's opinion. The expert will look over the evidence in your case, including medical records and depositions taken by doctors involved. The expert will determine whether your doctor's actions are in accordance to the standard of professional practice for those with similar training, expertise and the circumstances.

An attorney will also work with financial experts to evaluate your losses and estimate reasonable damages that take into account the present, past, and future expenses. Your lawyer will bargain with the hospital's or the malpractice insurance company of the physician and file a lawsuit should it be necessary, to ensure maximum compensation for injuries suffered by your child.

Contrary, to most lawsuits birth injuries cases are usually settled. Settlements occur when all parties agree on a certain amount and stop any legal action. If your case is unable to resolve the case could go to trial, and jurors and judges will decide the outcome.

Birth injuries can have long-lasting effects on your child or your entire family. It is crucial to collaborate with a birth injury lawyer who has experience handling such claims.

Settlement

Your attorney must work to find a full settlement for your family. This will depend on the severity of your child's injuries as well as the needs that result from them. A serious birth injury, such as might require years of medical attention and often, round-the-clock. Your lawyer will speak with medical and health experts to determine the total cost of this care and to create a proper damage claim.

In many cases the malpractice insurance of a hospital or doctor will offer to settle a matter without litigation. In these situations, your lawyer will submit a demand package that contains an extensive description of the facts surrounding your case, along with a proposed dollar amount to settle it. The insurance company will examine the information and respond by countering with a counteroffer. Your lawyer will work with the insurance company to decide on the most fair settlement.

If a settlement cannot be reached, your lawyer can bring a lawsuit against a medical malpractice in the state of the injury. Depending on the circumstances, you could claim as defendants your doctor and any other hospitals or doctors involved in the birth of your child and the injury. Your attorney can gather more information after filing a lawsuit, including depositions and sworn testimonies from witnesses, via an investigation process. This evidence will support your legal arguments.