Birth Injury Legal Help

If a child is born suffering from an illness or injury due to medical negligence, families have to deal with enormous financial burdens. A birth injury attorney can help secure 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 crucial to speak with an attorney immediately if you suspect medical malpractice. This will ensure that your claim is filed on time for your state's statutes of limitations and that you have the time to develop a solid claim and get the right amount of compensation.

In general, a party has two and a half (2-1/2) years to file a medical malpractice lawsuit starting from the date of the occurrence of negligence. New York law extends this deadline to 10 years for cases brought on behalf children, provided that the child has not yet reached the age of 18.

To win a birth injury lawsuit, you must show that the defendant breached their duty to you by the child's injuries. The cause of the injury is usually determined through expert testimony and documents demonstrating best practices, which are widely accepted by the medical community.

Your lawyer will investigate your case and collect all relevant evidence, including medical records for you and your child. Then, they will identify potential defendants and request necessary documents from insurance companies. Once they have all the documents, they will send a demand notice to the at-fault parties for financial damages. If they are unable to reach a settlement with your lawyer, they will bring suit in the court. A lawsuit is usually resolved by a trial where each side will present its arguments and evidence before the jury and a judge.

Medical Experts

If a child suffers a birth injury it can have devastating consequences for the baby and his family. It is crucial to seek legal help as soon as possible. The attorney can then build an effective case based on medical records and doctor depositions. A lawyer may also seek an expert medical professional to look over the case and provide an opinion. This is a vital step in any medical malpractice case.

Many birth injuries are difficult to prove, because the signs might not appear until much later. Parents may not realize they have injuries until their child has missed developmental milestones, or their doctor has suggested that they have intellectual physical and intellectual deficiencies. A possible injury may be indicated by signs such as admission to the NICU, or a need for a CT or MRI scan after birth injury attorneys.

Causation is yet another crucial aspect in a successful birth injury lawsuit. You must show that the defendant's failure in duty caused your child to suffer injury. If the doctor hadn't committed the breach of duty, then your child would not have suffered an injury.

Most medical malpractice claims that involve birth injuries or birth injury, are settled out of court. In a settlement agreement, the parties have to be able to agree on a specific dollar amount in order to resolve the matter. The amount must reflect your present and future damages. Your lawyer will consult experts in the field of medicine and finance to determine the correct amount.

Defendants

A successful birth injury lawsuit requires the proof that your doctor breached their duty of care. This is usually accomplished by obtaining the opinion of an expert witness from a medical field. The medical expert will examine the evidence presented in your case, which includes depositions of the doctors who were involved in your case and medical records. They will determine whether your doctor's actions conform 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 determine reasonable damages to account for past, present, and future costs. Your lawyer will bargain with the hospital's or physician's malpractice insurer and file a lawsuit, when necessary, to get the highest amount of compensation for injuries suffered by your child.

Contrary to many lawsuits birth injuries cases are usually settled. Settlement occurs when all parties reach an agreement on an amount and cease all legal action. If your case does not reach a settlement then it could be referred to trial, where the jury and a judge will decide what happens.

A birth injury is a serious medical issue which can have lasting consequences on your child and family. For the best results it is essential to choose a skilled birth injury lawyer who has an established track record of successfully settling such claims.

Settlement

Your attorney must work to secure a full settlement for your family. It will depend on the injuries your child has suffered and the subsequent needs. For example, a severe birth injury could require years of medical care, which is often 24/7. Your lawyer will consult medical and health experts to understand the total costs of this care and to file a suitable damage 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 instances, your lawyer will send the demand package, which includes an exhaustive description of the facts and a dollar amount that you want to settle the case. The insurance company will review the information and respond to your request with a counteroffer. Your lawyer will negotiate an equitable settlement with the insurance company.

If a settlement cannot be agreed upon, your attorney may make a claim for medical malpractice in the county where the incident occurred. Depending on the circumstances, you may claim as defendants your doctor and any other doctors or hospitals involved in your child's birth and the injury. When the lawsuit is filed your attorney will be able to get more details through an investigation process known as discovery which includes depositions and the sworn testimony of witnesses. This evidence can be used to support your legal arguments.