Birth Injury Legal Help

If a child is born suffering from an injury or illness due to medical negligence families must deal with tremendous financial costs. A birth injury lawyer can assist families obtain compensation to pay for medical expenses and improve the quality of life for their children.

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

Statute of Limitations

It is important to consult an attorney immediately if you suspect medical malpractice. This ensures that your claim is filed within the state's statute of limitations, and you have time to develop a strong case and receive an appropriate amount of compensation.

A claimant generally has two and a half (2-1/2 years) to pursue a lawsuit based on medical malpractice, starting from the date that the malpractice occurred. New York law extends this deadline to 10 years for cases filed on behalf of children, provided that the child has not reached the age of 18.

In order to win a lawsuit for birth injuries, you must prove that the defendant did not fulfill their duty to you and caused your child's injury. The basis for establishing causation is expert testimony and documents that show the best practices, which have been endorsed by the medical community.

Your lawyer will investigate and gather the relevant evidence in your case, including medical records and test results from both you and your child. Then, they will determine potential defendants and request the required documents from the insurance companies. Once complete, they will send a demand note to the at-fault parties for monetary damages. If they don't agree to a settlement then your lawyer will begin a lawsuit in the courtroom. A lawsuit is generally resolved by a trial, in which both sides presenting their evidence and arguments before a jury and a judge.

Medical Experts

A birth injury could have devastating consequences for the child and his family. It is essential to seek legal assistance as soon as you can. An attorney can then create an effective case based on medical records and doctor depositions. A lawyer may also ask the medical expert to give an opinion or examine the case. This is an essential step for any claim involving medical malpractice.

Birth injuries aren't always easy to prove because symptoms may not be apparent until later. Parents may not notice birth injuries until their child has missed developmental milestones, or their pediatrician has determined that their child has intellectual and physical deficits. An injury could be indicated by indicators such as admission to the NICU or a need for a CT or MRI scan after birth.

Causation is also an essential component of a successful lawsuit for birth injuries. 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, then your child would not have sustained an injury.

The majority of medical malpractice claims, including those involving birth injuries, settle outside of court. In a settlement agreement, the parties have to agree on a dollar value in order to resolve the case. The amount must reflect your past and future damages. Your lawyer will work with medical and financial experts to determine the proper amount.

Defendants

A successful birth injury lawsuit will require proving that your medical professional has violated their duty of care. This is usually done by obtaining an expert medical witness's opinion. The expert medical examines the evidence of your case, including depositions from the doctors who were involved in your case and medical documents. He or she will establish whether your doctor's actions were in conformity with the standards of care for professionals with similar training and expertise in the context.

A lawyer can also engage financial experts to assess and calculate your losses, considering past, current and future costs. Your lawyer will discuss with the hospital's medical malpractice insurer and file a lawsuit, when necessary, to get the most compensation for any injuries suffered by your child.

Contrary to the majority of lawsuits, birth injuries cases are often settled. A settlement is when all parties agree to a specific amount of money and the legal process ceases. If you don't reach a settlement agreement in your case, your case could go to court, where a judge and jury will decide on the final outcome.

A birth injury is a serious medical issue that can cause lasting harm on your child as well as your family. It is crucial to be in close contact with a birth injury lawyer who has experience in handling these claims.

Settlement

Your attorney must do everything possible to ensure that your family receives an appropriate settlement. It will depend on your child's injuries and the needs that result from them. For instance, a major birth injury can lead to many years of treatment, often all-hours-of-the-day. Your lawyer will talk to medical and health professionals to assess the total cost of this treatment and to create a proper damage claim.

In a lot of cases doctors or hospitals' malpractice insurer will offer to settle the case without the necessity of litigation. In these situations your lawyer will provide a demand package containing a detailed description of the facts and a dollar amount that you want to settle the case. The insurer will review the details and respond with a counteroffer. Your lawyer will negotiate an acceptable settlement with the insurance company.

If a settlement cannot be reached, your attorney may file a medical malpractice lawsuit in the county where the incident occurred. You may be able to claim your doctor and any other doctors or hospital involved in the birth of your child and the injury as defendants based on circumstances. Your lawyer can gather additional information after filing a lawsuit, which includes depositions, sworn statements and other evidence from witnesses, as part of a discovery process. These evidences will support your legal arguments.