Birth Injury Legal Help

If a child is born suffering from an illness or injury because of medical negligence, families have to deal with enormous financial costs. A birth injury attorney can help secure compensation that will cover costs and enhance a child's quality of life.

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

Statute of Limitations

It is important to consult an attorney as soon as possible if you suspect medical malpractice. This will ensure that your claim is filed at the right time for the statutes of limitations and you will have enough time to create a strong case and receive fair compensation.

A plaintiff generally has two and a half (2-1/2 years) to file a lawsuit for medical malpractice, beginning from the date that the malpractice occurred. New York law extends the deadline to 10 years for lawsuits brought by children in the event that they have not yet reached the age of 18.

To win a birth injury lawsuit, you have to prove that the defendant violated their duty to you when causing your child's injuries. The causation is established through expert testimony and evidence that demonstrates the best practices that are accepted 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 identify potential defendants and request the required documents from the insurance companies. Once they have completed the procedure, they will send a demand letter requesting damages in the amount of money to the parties who are at fault. If they don't agree to a settlement your lawyer will begin a lawsuit in the courtroom. A lawsuit is usually settled by a trial, in which both sides presenting their evidence and arguments before a jury and a judge.

Medical Experts

If a baby is affected by a birth injury and suffers a devastating consequences for the baby and his family. It is important to seek legal advice as quickly as you can. The attorney can then build an argument based on medical records and doctor depositions. Lawyers can also request an expert from a medical field to review the case and provide an opinion. This is an essential element in any medical malpractice case.

Many birth injuries are difficult to prove, since the symptoms might not be evident until a long time later. Parents may not realize they have injuries until their child has failed to meet developmental milestones or their pediatrician has stated that there are cognitive physical and intellectual deficiencies. Signs of an injury, like admission to the NICU or need for a CT scan or MRI following birth, may be a sign of an injury.

Causation is yet another crucial element in a successful birth injury lawsuit. You must prove that the defendant's breach of duty caused your child's injury. If the doctor had not 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 defendants have to agree on a dollar value to settle the claim. The amount must reflect both past and future damages. Your lawyer will collaborate with medical and financial experts to determine the right amount.

Defendants

A successful birth injury lawsuit will require the proof that your doctor did not fulfill their duty of care. This is typically done by obtaining a medical expert witness's opinion. The expert will look over the evidence in your case including medical records as well as depositions taken by doctors involved. He or she will determine whether your doctor's actions are in accordance to the proper standard of practice for professionals with similar training, expertise and the circumstances.

A lawyer may also employ experts in finance to analyze and calculate your losses taking into account your current, past and future costs. Your lawyer will discuss with the hospital's physician's malpractice insurer and file a lawsuit, if necessary, to secure the highest amount of compensation for injuries suffered by your child.

In contrast to the majority of lawsuits, birth injury cases usually end in settlements. A settlement occurs when all parties agree to pay a set amount of money, and all legal action stops. If you do not reach a settlement agreement in your case, your case may go to court, where a jury and judge will decide on the final outcome.

A birth injury is a serious medical problem that can have long-lasting effects on your child and family. To get the best results it is crucial to choose a skilled birth injury attorney who has a track record of success in handling these claims.

Settlement

Your attorney must work to get a fair settlement for your family. It will depend on the injuries your child has suffered, and the resulting needs. For instance, a severe birth injury could mean years of care, often around-the-clock. Your lawyer will consult specialists in medical and healthcare to understand the total costs of this treatment and to create a proper damage claim.

In many instances, the malpractice insurance of a hospital or doctor will offer the option of settling a case with no litigation. In these situations, your lawyer will submit an offer package that includes an exhaustive description of the details of your case and a proposed dollar amount to settle it. The insurer will review the information provided and then respond by counter-offering. Your lawyer will negotiate an equitable settlement with the insurance company.

If a settlement cannot be reached, your lawyer can bring a lawsuit against a medical malpractice in the state of the injury. You could be able to identify your doctor, and any other doctors or hospital involved in the birth of your child and the injury, as defendants, based on the circumstances. Your attorney will be able to gather more information following the filing of an action, such as depositions, sworn statements and other evidence from witnesses, via the discovery process. The evidence you gather will help support your legal arguments.