Birth Injury Legal Help

Families are faced with huge financial burdens when a child is born with a medically triggered injury or illness. A birth injury lawyer can help families get compensation to cover medical expenses and improve the quality of life for their children.

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

Statute of limitations

Regardless of how the injury occurred, it's important to seek legal counsel immediately if you suspect medical negligence. This will ensure that your claim is filed at the right time for the statutes of limitations and that you have sufficient time to construct a strong case and recover the right amount of compensation.

In general, a claimant has two and one-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 lawsuits brought on behalf of children, provided that the child is not yet their 18th birthday.

To win a birth injury lawsuit, you must prove that the defendant violated their obligation to you creating injuries for your child. The causation is established through expert testimony and documents that show the best practices that have been accepted by the medical community.

Your lawyer will conduct an investigation and collect the relevant evidence in your case including medical records as well as test results from both you and your child. Then, they will identify potential defendants and request the required documents from the insurance companies. After completing the process, they will send a demand note to the at-fault parties asking for monetary damages. If they do not agree to negotiate your lawyer will file a lawsuit in court. A lawsuit is usually settled through a trial, where both sides presenting their evidence and arguments to a judge and jury.

Medical Experts

Birth injuries can cause devastating harm to the child and his family. It is essential to seek legal help as soon as possible. This will enable the lawyer to construct a strong case, by using evidence, such as medical documents and depositions of doctors. A lawyer may also seek an expert from a medical field to review the case and provide an opinion. This is a crucial step in any medical malpractice lawsuit.

Many birth injuries are difficult to prove since the symptoms might not be evident until a long time later. Parents may not notice them until their child misses milestones in development or their doctor suggests physical and intellectual deficits. Signs of injury, such as admission to the NICU or a need for an CT scan or MRI after birth, can be a sign of a potential injury.

Causation is another key factor in a successful birth injury lawyers injury lawsuit. You must establish that the defendant's breach in duty caused your child's injury. This means that if the doctor didn't violate his duty the child would not have been injured.

The majority of medical malpractice claims such as birth injuries, settle out of court. In a settlement, defendants must agree on an amount in dollars to settle the claim. The amount must reflect past and future damages. Your lawyer will collaborate with financial and medical experts to determine the appropriate amount.

Defendants

A successful birth injury lawsuit requires the proof that your doctor has violated their duty of care. This is usually accomplished by obtaining an expert medical witness's opinion. The medical expert will examine the evidence in your case including medical records and depositions given by the doctors involved. He or she will establish whether your doctor acted in accordance with the appropriate standards of care for doctors with similar qualifications and expertise in the circumstances.

Lawyers also employ experts in finance to evaluate and calculate your losses taking into account past, current, and future expenses. Your lawyer will engage with the hospital, or the doctor's malpractice insurer and will file a lawsuit if necessary to ensure maximum compensation for the harms your child has sustained.

Unlike most lawsuits, birth injury cases are usually resolved in settlements. A settlement occurs when all parties agree on a specific amount and stop any legal actions. If your case doesn't reach a settlement, it may go to trial, and the jury and a judge will decide on your fate.

A birth injury is a serious medical condition that can have lasting effects on your child and family. It is essential to cooperate with an attorney for birth injury attorney injuries who is experienced in handling such claims.

Settlement

Your lawyer should do everything possible to ensure that your family receives a fair settlement. It will depend on the injuries your child has suffered, and the resulting needs. For instance, a severe birth injury could result in years of care, often around-the-clock. Your lawyer will consult medical and health professionals to understand the total costs of this treatment and to make an appropriate damage claim.

In many instances, a doctor or hospital's malpractice insurance company will offer to settle the matter without the necessity of litigation. In these situations, your lawyer will submit an order package that includes a detailed statement of the details of your case along with a suggested dollar amount to settle the matter. The insurance company will examine your documents and respond with a counter-offer. Your lawyer will work with the insurance company to decide on a fair settlement.

If a settlement is not reached, your attorney can file a medical malpractice lawsuit in the county where the injury occurred. It is possible to include your doctor, along with any other hospitals or doctors involved in the birth of your child and the accident, as defendants depending on the circumstances. Once the lawsuit is filed, your attorney can obtain more details via the process known as discovery, that includes depositions, as well as witness testimony sworn by witnesses. This evidence will support your legal arguments.