Birth Injury Legal Help

If a child is born with an illness or injury due to medical negligence families must deal with tremendous financial costs. A birth injury attorney can assist in obtaining compensation to cover the care costs and enhance a child's quality of life.

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

Statute of Limitations

It is essential to talk with a lawyer as soon as possible if you suspect medical malpractice. This will ensure that your claim is filed within your state's statute of limitations, as well as you have time to develop a strong case and receive the right amount of compensation.

A person who is a plaintiff typically has two and half (2-1/2 years) to pursue a lawsuit based on medical malpractice, beginning from the date that the malpractice occurred. New York law extends the deadline to 10 years for lawsuits brought by children even if they haven't yet reached the age of 18.

To win a birth injury lawsuit, you must demonstrate that the defendant breached their obligation to you by creating injuries for your child. Causation is usually established by using expert testimony and documents that show best practices, which are generally accepted by the medical community.

Your lawyer will conduct an investigation and gather all evidence relevant to your case, including medical records and test results from both you and your child. They will then identify potential defendants and obtain the necessary documents from their insurance companies. Once the paperwork is completed, they'll send a demand notice to the at-fault parties asking for damages in cash. If they are unwilling to negotiate, your lawyer will bring a lawsuit to court. A lawsuit is usually resolved through a trial during which each side will present its evidence and arguments in front of the jury and a judge.

Medical Experts

When a baby suffers from a birth injury it can have devastating effects for the child and their family. It is imperative to seek legal assistance as soon as possible. This will allow the attorney to construct a strong case using evidence like medical documents and depositions of doctors. A lawyer can also ask an expert medical professional to provide an opinion and look over the case. This is a crucial element for any claim involving medical malpractice.

Birth injuries can be difficult to prove as symptoms might not be apparent until later. Parents may not recognize birth injuries until their child has failed to meet milestones in development, or when their doctor has suggested that there are cognitive and physical limitations. Signs of an injury, like admission to the NICU or a need for a CT scan or MRI after birth, could be a sign of a potential injury.

Causation is a crucial factor in the success of a birth injury lawsuit. You must demonstrate that the defendant's lapse in duty caused your child's injuries. If the doctor hadn't committed the breach of duty, then your child would not have sustained an injury.

Most medical malpractice claims including those involving birth injuries or birth injury, are settled out of court. In a settlement, the defendants must reach an agreement on the amount of money needed to settle the case. The amount must reflect your past and future damages. Your lawyer will work with medical and financial experts to determine the proper amount.

Defendants

A successful birth injury lawsuit needs proving that your medical professional breached their duty of care. This is usually accomplished by obtaining an expert medical witness's opinion. The medical expert will review the evidence presented in your case, which includes depositions from the doctors involved in your case, as well as medical records. The expert will determine whether your doctor acted accordance with the appropriate standards of care for doctors with similar qualifications and experience in the circumstances.

A lawyer will also engage experts in finance to assess your losses and calculate fair damages that account for both present and future expenses. Your lawyer will bargain with the hospital or physician's malpractice company and initiate a lawsuit, if necessary, to obtain the maximum amount of compensation for the harms your child has sustained.

Contrary to many lawsuits birth injury law firm injury cases are typically settled. Settlements occur when all parties agree to pay a specific amount of money and all legal action stops. If your case doesn't come to a settlement, it may go to trial, where an arbitrator and judge will decide on your fate.

A birth injury is a serious medical issue which can have lasting consequences on your child as well as your family. To get the best results it is crucial to partner with a seasoned birth injury lawyer who has a track record of successfully settling such claims.

Settlement

Your attorney should work to secure a full settlement for your family. It will depend on the injuries your child has suffered, and the resulting needs. For example, a severe birth injury could result in years of care, usually around-the-clock. Your lawyer will consult with medical and care experts to know the total cost of this care and to create a proper damage claim.

In a lot of cases doctors or hospitals' malpractice insurer will offer to settle the matter without the need for litigation. In these instances your lawyer will mail a demand package containing an extensive description of the facts and a dollar amount that you want to settle your case. The insurance company will review the details and respond by countering with a counteroffer. Your lawyer will negotiate a fair settlement with the insurance company.

If no settlement is agreed upon, your lawyer could pursue a lawsuit for medical malpractice in the county of the injury. Depending on the circumstances, you may identify as defendants your doctor and any other hospitals or doctors involved in your child's birth and the injury. After filing the lawsuit the attorney can get additional information via the process of discovery, that includes depositions, as well as sworn testimony from witnesses. This evidence will help support your legal arguments.