Birth Injury Legal Help

Families are faced with enormous financial burdens when a baby is born with a medically triggered injury or illness. A birth injury attorney can help secure compensation to cover medical costs and enhance a child's quality of life.

Families must demonstrate four things to prevail in a lawsuit for birth injury:

Statute of limitations

Whatever the manner in which the injury was sustained, it's essential to seek legal advice as soon as you suspect medical negligence. This will ensure that your claim is filed within the state's statute of limitations, and that you have sufficient time to build a strong case and recover the right amount of compensation.

In general, a party has two and two-and-a-half (2-1/2) years to file a medical negligence lawsuit beginning from the date of the occurrence of negligence. New York law extends the deadline to 10 years in cases filed by children who has not yet reached the age of 18.

To win a birth injury lawsuit, you must demonstrate that the defendant violated their duty to you when creating injuries for your child. Causation is typically established through the use of expert testimony and documents that show the best practices, which are widely accepted in the medical community.

Your attorney will conduct an investigation and gather the relevant evidence in your case including medical records as well as tests results from both you and your child. They will then identify potential defendants and request necessary documents from the insurance companies. Once complete, they will submit a demand letter to the parties at fault for damages in cash. If they refuse to negotiate the lawyer will file a lawsuit in court. A lawsuit is usually settled through a trial, where both sides present their arguments and evidence before the jury and a judge.

Medical Experts

If a child suffers a birth injury the result can be devastating effects for the baby and his family. It is important to seek legal advice as early as you can. The lawyer can then construct a solid case based on medical records and doctor depositions. Lawyers can also request an expert in medical field to give an opinion or review the case. This is an essential step in any medical malpractice case.

Many birth injuries are difficult to prove because the signs may not manifest until much later. Parents may not be aware of birth injuries until their child has missed developmental milestones, or their pediatrician has stated that their child has intellectual physical and intellectual deficiencies. A possible injury may be indicated by indicators such as admission to the NICU or a need for an CT or MRI scan after birth.

Causation is another key aspect in the success of a birth injury lawsuit. You must show that the breach of duty by the defendant caused the injury of your child. If the doctor hadn't committed the breach of duty, your child would not have suffered an injury.

The majority of medical malpractice claims including those involving birth injury or birth injury, are settled out of court. In a settlement agreement, the defendants must reach an agreement on a dollar amount to settle the case. The amount must reflect both past and future damages. Your lawyer will consult medical and financial experts to determine the right 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 an expert medical witness' opinion. The medical expert will look over the evidence in your case, including depositions of the doctors involved in your case as well as any medical records. They will determine whether your doctor acted according to the proper standard of procedure for professionals who have similar qualifications, experience and the circumstances.

A lawyer can also employ financial experts to analyze your losses and calculate reasonable damages that include the past, present and future costs. Your lawyer will negotiate with the hospital or the physician's malpractice insurance company and will file a lawsuit if necessary to secure maximum compensation for the injuries your child sustained.

Contrary to many lawsuits birth injuries cases are generally settled. A settlement is when all parties agree to a minimum amount of money and legal proceedings cease. If your case fails to resolve then it could go to trial where a judge and jury will decide your fate.

A birth injury is a serious medical issue that can have lasting effects for your child and family. To achieve the best results it is essential to work with an experienced birth injury lawyer with a proven track record of success in handling these claims.

Settlement

Your attorney should do everything possible to ensure that your family receives an amount that is fair. It will depend on your child's injuries and the demands that result. For instance, a major birth injury can lead to many years of treatment, often throughout the day. Your lawyer will consult medical and care experts in order to determine the total cost of this treatment and file an appropriate claim.

In many cases the malpractice insurance policy of a physician or hospital will offer the option of settling a case with no litigation. In these instances your lawyer will provide a demand package containing an exhaustive description of the facts and the dollar amount that you propose to settle the case. The insurance company will examine your details and respond with a counteroffer. Your lawyer will negotiate a fair settlement with the insurance company.

If a settlement cannot be reached, your attorney can make a claim for medical malpractice in the county where the incident occurred. You may be able identify your doctor, along with any other doctors or hospital involved in the birth of your child and the accident, as defendants, based on the circumstances. After the lawsuit is filed and your lawyer is able to obtain additional information via the process known as discovery, which includes depositions and the sworn testimony of witnesses. This information will support your legal arguments.