Birth Injury Legal Help

When children are born with an illness or injury due to medical negligence families have to deal with enormous financial burdens. A birth injury lawyer can assist families get compensation to cover medical expenses and improve the quality of life for their children.

To win a birth injury lawsuit, families must prove four elements:

Statute of limitations

It is essential to speak with a lawyer immediately if you suspect medical malpractice. This will ensure that your claim is filed at the right time for the statutes of limitations and that you have enough time to develop a solid case and receive the right amount of compensation.

In general, a plaintiff has two and one-half (2-1/2) years to file a medical negligence lawsuit from the date of the occurrence of negligence. New York law extends the time limit to 10 years for cases filed by children who has not yet reached their 18th Birthday.

In order to win a birth-related injury lawsuit, you have to prove that the defendant breached their duty to you by causing your child's injuries. The way to establish causation is usually by using expert testimony and documents demonstrating the best practices, which are generally accepted by the medical professionals.

Your lawyer will conduct an investigation and gather all evidence relevant to your case including medical records as well as test results from both you and your baby. They will then determine potential defendants and obtain the required documents from their insurance companies. After completing the process, they will submit a demand letter to the at-fault parties asking for damages in cash. If they don't agree to negotiate with your lawyer, they will take action in court. A lawsuit is usually settled by a trial where each side will present its evidence and arguments in front of an impartial jury and judge.

Medical Experts

A birth injury can have devastating consequences for the child and his family. It is imperative to seek legal help as soon as possible. This will allow the lawyer to develop a convincing case using evidence like medical records and depositions of doctors. A lawyer can also ask an expert in medical field for an opinion and to analyze the case. This is an essential part of any medical malpractice case.

Birth injuries can be difficult to prove since symptoms may not be apparent until later. Parents may not notice them until their child has missed milestones in development or their doctor indicates that there are physical and intellectual deficits. An injury could be detected by signs such as admission to the NICU or the need for a CT or MRI scan after birth.

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

The majority of medical malpractice claims, including those involving birth injuries, settle outside of court. In a settlement, defendants must agree on an amount in dollars to settle the case. The amount must reflect both past and future damages. Your lawyer will consult with experts in financial and medical fields in order to determine the appropriate amount.

Defendants

A successful birth injury lawsuit needs establishing that your medical provider has violated their duty of care. This is typically done by obtaining the opinion of medical expert witnesses. The medical expert will look over the evidence of your case, including depositions of the doctors involved in your case and any medical documents. The expert will determine whether your doctor acted in conformity with the standard of care for professionals with similar training and expertise in the circumstances.

A lawyer will also engage financial experts to assess your losses and estimate reasonable damages that include the present, past, and future costs. Your lawyer will discuss with the hospital or physician's malpractice company and file a lawsuit if necessary to obtain the maximum amount of compensation for your child's injuries.

Contrary to the majority of lawsuits, birth injuries cases are generally settled. Settlements occur when all parties agree to pay a certain amount of money and legal proceedings cease. If your case does not settle, it may be referred to trial, where jurors and judges will decide the outcome.

A birth injury attorneys injury could cause long-lasting harm to your child or your family. To achieve the best results it is essential to choose a skilled birth injury lawyer who has experience of settling these claims successfully.

Settlement

Your lawyer should do everything possible to ensure that your family receives an appropriate settlement. It will depend on the extent of your child's injury and the needs that result from them. For instance, a major birth injury could mean years of medical care, which is often 24/7. Your lawyer will consult medical and care experts in order to determine the amount of care required and then file a suitable claim.

In a lot of cases, a hospital or doctor's malpractice insurance company will offer to settle the case without the necessity of litigation. In these instances, your lawyer will send an offer package that includes an exhaustive description of the facts and the dollar amount that you propose to settle the case. The insurance company will scrutinize the information and respond with a counter-offer. Your lawyer will negotiate an acceptable settlement with the insurance company.

If a settlement isn't reached, your lawyer can make a claim for medical malpractice in the county of the injury. You may be able to identify your doctor, and any other hospital or doctor involved in the birth of your child, and also the injury, as defendants based on the circumstances. Your attorney can gather more details after filing an action, such as depositions and sworn testimony from witnesses through the discovery process. The evidence you gather will help support your legal arguments.