Birth Injury Legal Help

Families are faced with huge financial burdens when a child is born with an medically-caused injury or illness. A birth injury attorney can assist in obtaining compensation that will cover expenses and improve a child's quality of life.

Families must demonstrate four things to win a lawsuit claiming birth injury:

Statute of limitations

It is essential to talk with an attorney immediately if you suspect medical malpractice. This will ensure that your claim is filed within the timeframe for the statutes of limitations and that you have enough time to construct a strong case and recover an appropriate amount of compensation.

A plaintiff generally has two and half (2-1/2 years) to bring a lawsuit for medical malpractice. The time period begins from the date of the incident. New York law extends this time limit to 10 years for lawsuits brought on behalf of a child, provided the child is not yet their 18th birthday.

To prevail in a birth injury lawsuit, you must prove that the defendant violated their obligation to you by causing your child's injuries. The way to establish causation is usually through expert testimony and documents demonstrating the best practices, which are widely accepted by the medical professionals.

Your lawyer will look into your case and gather all relevant evidence including medical records for you and your child. They will also identify potential defendants and get the necessary documents from their insurance companies. After they have completed the process, they'll send a demand birth injury attorney letter requesting monetary damages to the parties at fault. If they refuse to negotiate then your lawyer will bring a lawsuit to court. A lawsuit is usually resolved through a trial, with each side presenting its evidence and Birth injury Attorney arguments to a judge and jury.

Medical Experts

If a baby is affected by an injury at birth, it can have devastating effects for the child and their family. It is essential to seek legal assistance as soon as you can. The lawyer can then construct an argument based on medical records and doctor depositions. A lawyer may also ask an expert in medical field to provide an opinion and analyze the case. This is an essential element in any medical malpractice case.

Birth injuries aren't always easy to prove because symptoms may not show up until later. Parents may not realize they have injuries until their child has failed to meet developmental milestones or their doctor has suggested that there are cognitive and physical deficits. Signs of injury, such as admission to the NICU or need for a CT scan or MRI after birth, could be a sign of a potential injury.

Causation is also an essential aspect of a successful lawsuit for birth injury. You must show that the breach of duty by the defendant caused the injury to your child. If the doctor had not committed the breach of duty, your child would not have suffered an injury.

Most medical malpractice cases like those involving birth injury that are settled out of court. In a settlement agreement, the parties have to reach an agreement on a dollar amount to settle the claim. The amount must reflect your past and future damages. Your lawyer will collaborate with medical and financial experts to determine the appropriate amount.

Defendants

A successful birth injury lawsuit will require the proof that your doctor has violated their duty of care. This is usually accomplished by obtaining a medical expert witness' opinion. The medical expert will review the evidence in your case, including medical records as well as depositions taken by doctors involved. He or she will determine whether your doctor acted accordance with the appropriate standards of care for professionals with similar training and expertise under the circumstances.

A lawyer can also employ experts in finance to assess your losses and determine reasonable damages that include the past, present and future costs. Your lawyer will engage with the hospital's physician's malpractice insurer and file a lawsuit should it be necessary, to ensure the maximum amount of compensation for injuries sustained by your child.

Contrary to most lawsuits, birth injuries cases are often settled. A settlement occurs when all parties agree on a certain amount and stop any legal action. If your case fails to reach a settlement the case could go to trial, where the jury and a judge will decide the outcome.

A birth injury is a serious medical problem that can cause lasting harm for your child and family. For the best results it is essential to consult with an experienced birth injury lawyer who has proven track record of success in handling these claims.

Settlement

Your attorney must do everything possible to ensure that your family receives a fair settlement. This will depend on the nature of your child's injuries as well as the needs that result from them. For instance, a serious birth injury could require many years of treatment, often all-hours-of-the-day. Your lawyer will consult with specialists in medical and healthcare to know the total cost of this treatment and to file a suitable damage claim.

In many cases the hospital's or doctor's malpractice insurance company will offer to settle the matter without the necessity of litigation. In these cases the lawyer will then send the demand package, which includes an extensive description of the facts and the dollar amount that you want to settle your case. The insurance company will review your details and respond by counter-offering. Your lawyer will work with the insurance company in order to reach the fairness of the settlement.

When a settlement cannot be reached, your attorney can file a medical malpractice lawsuit in the county where the incident occurred. It is possible to claim your doctor along with any other doctors or hospital involved in the birth of your child and the accident, as defendants based on circumstances. Your lawyer can gather additional information following the filing of an action, such as depositions, sworn statements and other evidence from witnesses through discovery. These evidences will support your legal arguments.