birth injury lawyer Injury Legal Help

Families are confronted with massive cost of living when a child is born with a medically caused injury or illness. A birth injury attorney can assist in obtaining compensation that can cover care expenses and improve a child's quality of life.

Families must prove four things to win a lawsuit for birth injuries:

Statute of limitations

It is important to consult an attorney immediately if you suspect medical negligence. This will ensure that your claim is filed at the right time for your state's statutes limitations and that you have the time to build a solid case and recover an appropriate amount of compensation.

A claimant generally has two and a half (2-1/2 years) to make a claim for medical malpractice, beginning on the date that the malpractice occurred. New York law extends this deadline to 10 years for cases filed on behalf of a child, provided that the child has not yet reached their 18th birthday.

In order to win a birth-related injury lawsuit, you must demonstrate that the defendant breached their duty to you by the child's injuries. Causation is typically established through the use of evidence from experts and documents that demonstrate the best practices, which are generally accepted by the medical professionals.

Your attorney will conduct an investigation and collect all relevant evidence in your case including medical records as well as tests results from both you and your baby. They will then identify potential defendants and get the necessary documents from their insurance companies. Once they have completed the procedure, they will send a demand letter for damages in the amount of money to the parties at fault. If they are unable to reach a settlement with your lawyer, they will bring suit in court. A lawsuit is generally resolved through a trial, where each side presenting their evidence and arguments to a judge and jury.

Medical Experts

If a baby is injured during birth a birth injury the result can be devastating effects for the family and child. It is imperative to seek legal help as soon as possible. This will allow the attorney to construct a strong case, with evidence such as medical documents and depositions of doctors. Attorneys can also engage a medical expert to review the case and provide an opinion. This is a crucial element in any medical malpractice claim.

Many birth injuries are difficult to prove because the signs may not show up until much later. Parents are often unaware of them until their child fails to meet milestones in their development or when their pediatrician indicates that there are intellectual and physical deficiencies. A possible injury may be indicated by indications such as admission to the NICU, or the need for a CT or MRI scan following the birth.

Causation is another key aspect in a successful birth injury lawsuit. You must prove that the defendant's breach in duty caused your child's injury. This means that if the doctor didn't violate his duty your child wouldn't've suffered an injury.

The majority of medical malpractice claims, including those involving birth injuries, settle out of court. In a settlement agreement, the defendants must reach an agreement on a dollar amount to settle the matter. The amount must reflect both past and future damages. Your lawyer will work with medical and financial experts to determine the appropriate amount.

Defendants

In order to win a birth injury lawsuit, you must demonstrate that your medical professional violated their duty of care. This is usually done by obtaining an expert medical witness's opinion. The medical expert will analyze the evidence in your case, including medical records as well as depositions taken by doctors involved. They will determine whether your doctor's actions were accordance with the appropriate standard of care required for professionals with similar qualifications and expertise in the particular circumstances.

An attorney will also work with experts in finance to assess your losses and calculate fair damages that include the present, past, and future expenses. Your attorney will discuss with the hospital or physician's malpractice company and will initiate a lawsuit, if necessary, to secure maximum compensation for the harms your child has sustained.

Contrary to most lawsuits, birth injuries cases are generally settled. Settlements occur when all parties agree on an amount and cease all legal action. If your case fails to come to a settlement, it may go to trial where an arbitrator and judge will decide your fate.

A birth injury is a serious medical condition that can have lasting effects on your child and the family. To achieve the best results it is important to choose a skilled birth injury attorney who has experience of success in handling these claims.

Settlement

Your attorney should work to secure a full settlement for your family. This will depend on the nature of your child's injuries as well as resulting needs. A severe birth injury, for instance can require years of care, often, round-the-clock. Your lawyer will speak with medical and health professionals to assess the total cost of this treatment and to file a suitable damage claim.

In many cases the malpractice insurance policy of a hospital or doctor will offer to settle a case without litigation. In these cases the lawyer you choose to use will submit an order package that includes an exhaustive description of the facts of your case and a proposed dollar amount to settle it. The insurance company will scrutinize the information provided and then respond with a counteroffer. Your lawyer will negotiate an acceptable settlement with the insurance company.

If a settlement can't be reached, your attorney may pursue a medical malpractice lawsuit in the county where the injury occurred. You may be able to name your doctor, as well as 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, your attorney can obtain additional information via the process of discovery, which can include depositions and witness testimony sworn by witnesses. This evidence will support your legal arguments.