birth injury attorney Injury Legal Help

Families are faced with enormous financial burdens when a child is born with an medically-caused injury or illness. An attorney who specializes in birth injuries can assist in obtaining compensation to cover medical costs and enhance a child's quality of life.

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

Statute of limitations

Whatever the way in which the injury was sustained, it's important to seek legal counsel whenever you suspect that medical negligence. This will ensure that your claim is filed within the state's statute of limitations, as well as you have time to develop a strong claim and get an appropriate amount of compensation.

In general, a plaintiff has two and half (2-1/2) years to file a medical negligence lawsuit that begins from the date of the occurrence of negligence. New York law extends the time limit to 10 years for cases brought by a child even if they haven't yet reached their 18th Birthday.

To prevail in a birth injury lawsuit, you must prove that the defendant breached their obligation to you the child's injuries. The cause of the injury is determined by expert testimony and documents that show best practices, which have been endorsed by the medical community.

Your lawyer will look into your case and collect all relevant evidence, including medical records for you and your child. Then, they will identify potential defendants and request the required documents from the insurance companies. After they have completed the process, they will send a demand letter requesting damages in cash to the parties who are at fault. If they are unable to reach a settlement with you, your lawyer will take action in court. A lawsuit is usually settled by a trial where both sides present their evidence and arguments before a judge and jury.

Medical Experts

Birth injuries can have devastating consequences for the child and his family. It is important to get legal help as soon as possible. An attorney can then create a solid case based on medical records and depositions of doctors. A lawyer can also get an expert in medical to review the case and offer an opinion. This is a crucial element in any medical malpractice claim.

Many birth injuries are difficult to prove, since the symptoms might not manifest until much later. Parents are often unaware of them until their child has missed developmental milestones or their pediatrician suggests intellectual and physical limitations. A possible injury can be detected by symptoms such as an admission to the NICU, or a need for a CT or MRI scan after birth.

Causation is yet another crucial element in the success of a birth injury lawsuit. You must show that the defendant's failure 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.

The majority of medical malpractice claims that involve birth injuries, settle outside of court. In a settlement agreement, the defendants have to reach an agreement on a dollar amount in order to resolve the claim. The amount must reflect both past and future damages. Your lawyer will consult with medical and financial experts to determine the proper amount.

Defendants

A successful birth injury lawsuit will require the proof that your doctor has violated their duty of care. This is usually done by obtaining a medical expert witness' opinion. The medical expert will examine the evidence in your case, including any medical records and depositions given by the doctors involved. He or she will determine whether your doctor's actions were in accordance to the standard of practice for professionals with similar training, expertise and conditions.

An attorney will also work with financial experts to evaluate your losses and estimate reasonable damages that include the past, present and future costs. Your lawyer will discuss with the hospital's the malpractice insurance company of the physician and file a lawsuit, if necessary, to secure maximum compensation for injuries suffered by your child.

In contrast to the majority of lawsuits, birth injury cases often resolve in settlements. A settlement is when all parties agree to pay a certain amount of money and all legal action stops. If your case is unable to come to a settlement the case could go to trial where a judge and jury will decide your fate.

A birth injury could be a long-lasting affliction on your child or your family. It is essential to collaborate with an attorney who is experienced in 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 and the needs that result from them. For example, a severe birth injury could mean years of care, often throughout the day. Your lawyer will consult specialists in medical and healthcare to know the total cost of this care and create a proper damage claim.

In a majority of cases doctors or hospitals' malpractice insurer will offer to settle the case without the need for litigation. In these situations, your lawyer will send an order package with an exhaustive description of the facts and the dollar amount you would like to offer to settle your case. The insurer 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 is not agreed upon, your attorney may make a claim for medical malpractice in the county where the injury occurred. You may be able identify your doctor, and any other hospital or doctor involved in the birth of your child and the injury, as defendants, based on the circumstances. After filing the lawsuit and your lawyer is able to obtain more details through the process of discovery, which can include depositions and sworn testimony from witnesses. This evidence can be used to support your legal arguments.