Birth Injury Legal Help

If the child is born with an illness or injury because of medical negligence, families have to deal with enormous financial costs. An attorney for birth injuries can assist in obtaining compensation to cover the care expenses and improve the quality of life of a child.

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

Statute of limitations

Whatever the manner in which the injury occurred, 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, as well as that you have enough time to build a strong case and receive the right amount of compensation.

A person generally has two and half (2-1/2 years) to pursue a lawsuit based on medical malpractice, starting from the date of the incident. New York law extends the deadline to 10 years in cases brought by a child if they have not yet reached the age of 18.

To win a birth injuries lawsuit, you must demonstrate that the defendant breached their obligation to you causing your child's injuries. The cause of the injury is usually determined by using expert testimony and evidence demonstrating best practices, which are widely accepted by the medical profession.

Your attorney will conduct an investigation and gather all relevant evidence in your case including medical records as well as test results from both you and your child. Then, they will determine potential defendants and request necessary documents from the insurance companies. Once they have completed the procedure, they will send a demand note for damages in cash to the parties who are at fault. If they refuse to negotiate with your lawyer, they will file suit in the court. A lawsuit is usually settled by a trial, in which each side 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 imperative to seek legal help as quickly as possible. The attorney can then build an effective case based on medical records and doctor depositions. A lawyer may also seek a medical expert to review the case and give an opinion. This is a vital step in any medical malpractice case.

Many birth injuries are difficult to prove since the symptoms might not manifest until much later. Parents may not realize they have injuries until their child has missed developmental milestones or their pediatrician has stated that there are intellectual and physical limitations. Signs of injury, such as admission to the NICU or the need for a CT scan or MRI following birth, may be a sign of an injury.

Causation is also a key element of a successful lawsuit for birth injury. You must prove that the defendant's breach in duty caused your child's injuries. If the doctor had not committed the breach of duty, your child would not have sustained an injury.

The majority of medical malpractice claims that involve birth injuries, settle outside of court. In a settlement, the defendants must agree on the amount of money needed to settle the matter. The amount must reflect past and future damages. Your lawyer will consult with medical and financial experts in order to determine the proper amount.

Defendants

To succeed in a birth injury lawsuit you must prove that your medical professional did not meet their duty of care. This is usually done by obtaining a medical expert witness's opinion. The expert will look over the evidence in your case, including medical records and depositions given by the doctors involved. The expert will determine whether your doctor acted in accordance with the proper standard of care for professionals with similar training and expertise in the context.

A lawyer can also employ experts in finance to assess your losses and determine reasonable damages that take into account both present and future expenses. Your lawyer will negotiate with the hospital or the physician's malpractice insurance company and initiate a lawsuit, if necessary, to ensure maximum compensation for the injuries your child sustained.

Contrary to most lawsuits, birth injury lawyer injury cases are typically settled. Settlements occur when all parties agree to a certain amount of money and legal proceedings cease. If your case is unable to come to a settlement, it may be referred to trial, where a judge and jury will decide on your fate.

Birth injuries can cause long-lasting harm to your child or your family. It is crucial to be in close contact with an attorney for birth injuries who has experience handling such cases.

Settlement

Your attorney must work to find a full settlement for your family. It will depend on the injuries your child has suffered, and the resulting needs. For instance, a major birth injury could result in years of care, often all-hours-of-the-day. Your lawyer will consult medical and care experts to determine the total cost of this care and to make an appropriate damage claim.

In many cases the hospital's or doctor's malpractice insurer will offer to settle the case without the necessity of litigation. In these instances your lawyer will present an order package that includes an extensive description of the details of your case as well as a proposed dollar amount to settle the matter. The insurance company will scrutinize the details and respond with a counter offer. Your lawyer will negotiate an acceptable settlement with the insurance company.

If no settlement is reached, your lawyer may pursue a lawsuit for medical negligence in the county that caused the injury. You may be able to name your doctor, along with any other hospitals or doctors involved in the birth of your child, and also the injury, as defendants based on the circumstances. Your lawyer will gather additional information after filing an action, such as depositions and sworn testimony from witnesses, as part of discovery. The evidence you gather will aid in your legal arguments.