Birth Injury Legal Help

Families are faced with enormous financial burdens when a baby is born with a medically triggered injury or illness. A birth injury attorney can assist in obtaining compensation to cover medical costs and enhance the quality of life for a child.

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

Statute of Limitations

It is important to consult a lawyer immediately if you suspect medical negligence. This ensures that your claim is filed within the state's statute of limitations, and you have time to build a strong case and receive the right amount of compensation.

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

To win a birth injury lawsuit, you must prove that the defendant breached their duty to you by inflicting injuries on your child. The causation is established through expert testimony and documents that show best practices, which have been endorsed by the medical community.

Your attorney will investigate your case and collect all relevant evidence including medical records for you and your child. They will then determine potential defendants and request the required documents from their insurance companies. After they have completed the process, they'll send a demand for damages in cash to the parties at fault. If they refuse to negotiate, your lawyer will start a lawsuit in court. A lawsuit is usually settled by trial, with each side presenting its evidence and arguments to a judge and jury.

Medical Experts

When a baby suffers from a birth injury, it can have devastating consequences for the child and family. It is important to get legal help as soon as you can. An attorney can then create an effective case based on medical records and doctor depositions. Attorneys can also engage an expert medical professional to look over the case and provide an opinion. This is a crucial step for any claim involving medical malpractice.

Birth injuries aren't always easy to prove as symptoms might not show up until later. Parents may not realize they have injuries until their child has failed to meet developmental milestones, or until their pediatrician has determined that their child has intellectual and physical limitations. A possible injury can be detected by signs such as admission to the NICU, or the need for a CT or MRI scan after birth.

Causation is another key element in a successful birth injury lawsuit. You must demonstrate that the defendant's lapse in duty caused your child to be injured. This means that if the doctor didn't make the breach of duty the child would not have suffered an injury.

Most medical malpractice claims like those involving birth injury or birth injury attorneys injury, are settled out of court. In a settlement agreement, the defendants must reach an agreement on a dollar amount to settle the matter. The amount must reflect your present and future damages. Your lawyer will consult with medical and financial experts in order to determine the proper amount.

Defendants

A successful birth injury lawsuit will require proving that your medical professional breached their duty of care. This is usually done by seeking the opinion of an expert witness from a medical field. The medical expert will analyze the evidence in your case including medical records and depositions taken by doctors involved. He or she will decide whether your doctor's actions were in accordance to the standard of procedure for professionals who have similar qualifications, experience and context.

A lawyer will also engage financial experts to analyze your losses and estimate reasonable damages that account for the present, past, and future expenses. Your lawyer will bargain with the hospital's or physician's malpractice insurance and file a lawsuit in the event that it is necessary, to obtain the highest amount of compensation for injuries suffered by your child.

Contrary to the majority of lawsuits, birth injuries cases are often settled. Settlement occurs when all parties reach an agreement on the amount they want and then stop all legal action. If you don't agree to a settlement in your case, it could go to court, where a judge and jury will decide on the outcome.

A birth injury is a serious medical condition that can have long-lasting effects on your child as well as your family. To ensure the best outcome it is crucial to choose a skilled birth injury lawyer who has experience of successfully settling such claims.

Settlement

Your attorney 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 resulting demands. For example, a severe birth injury can lead to many years of treatment, often 24/7. Your lawyer will consult medical and care experts in order to determine the total cost of this care and submit a valid claim.

In many cases the hospital's or doctor's malpractice insurer will offer to settle the case without the necessity of litigation. In these instances your lawyer will file a demand package that contains a full description of the facts surrounding your case and a proposed dollar amount to settle it. The insurer will review your documents and respond by counter-offering. Your lawyer will negotiate an equitable settlement with the insurance company.

If no settlement is reached, your lawyer may file a lawsuit for medical malpractice in the county of the injury. Based on the circumstances, you could claim as defendants your doctor and any other hospitals or doctors involved in your child's birth and the injury. Your lawyer will gather additional information after filing an action, such as depositions and sworn statements from witnesses, as part of a discovery process. This information will support your legal arguments.