Birth Injury Legal Help

Families are faced with huge financial costs when a child is born with a medically caused injury or illness. A birth injury attorney can help secure compensation to cover the care costs and enhance the quality of life for a child.

To win a birth injury lawsuit, families must demonstrate four things:

Statute of limitations

It is important to consult an attorney as soon as possible if you suspect medical negligence. This will ensure that your claim is filed within your state's statute of limitations, as well as you have time to create a strong case and recover an appropriate amount of compensation.

In general, a claimant has two and one-half (2-1/2) years to file a medical malpractice lawsuit from the date of the incident of negligence. New York law extends this deadline to 10 years for cases filed on behalf of a child, 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 the injury to your child. Causation is established by expert testimony and evidence that demonstrates the best practices that are accepted by the medical community.

Your attorney will investigate your case and gather all relevant evidence, including medical records for you and your child. Then, they'll identify potential defendants and request the necessary documents from insurance companies. Once complete, they will send a demand note to the at-fault parties asking for damages in cash. If they are unable to reach a settlement with your lawyer, they will bring suit in the court. A lawsuit is usually resolved by a trial where each side will present its evidence and arguments to a judge and jury.

Medical Experts

If a baby is affected by injuries to the birth injury lawsuits process the result can be devastating consequences for the baby and his family. It is imperative to seek legal help as soon as possible. The attorney can then build a solid case based on medical records and depositions of doctors. A lawyer can also ask an expert medical professional to give an opinion or look over the case. This is a vital step in any medical malpractice case.

Many birth injuries are difficult to prove, because the signs might not be evident until a long time later. Parents usually don't realize they have them until their child has missed developmental milestones or their pediatrician states that there are intellectual and physical deficits. A potential injury could be indicated by indicators such as admission to the NICU or the need for a CT or MRI scan following the birth.

Causation is a crucial aspect of a successful lawsuit for birth injuries. You must prove that the defendant's breach in duty caused your child's injuries. This means that if the doctor didn't commit the breach of duty, your child wouldn't have been injured.

The majority of medical malpractice cases that involve birth injuries, are settled out of court. In a settlement, the defendants must agree on an amount of money to settle the claim. The amount must reflect both past and future damages. Your lawyer will work with financial and medical experts to determine the appropriate amount.

Defendants

In order to succeed in a birth injury lawsuit you must prove that your medical professional violated their duty of care. This is typically done by seeking the opinion of an expert witness from a medical field. The expert will look over the evidence in your case including medical records and depositions given by the doctors involved. He or she will establish whether your doctor acted conformity with the appropriate standards of care for doctors with similar training and expertise in the circumstances.

A lawyer will also engage financial experts to assess your losses and estimate reasonable damages to account for the past, present and future expenses. Your lawyer will discuss with the hospital's the malpractice insurance company of the physician and file a lawsuit, should it be necessary, to ensure the most compensation for any injuries suffered by your child.

In contrast to the majority of lawsuits, birth injury cases usually end in settlements. Settlements occur when all parties agree to a certain amount and stop all legal action. If your case doesn't come to a settlement the case could be referred to trial, where jurors and judges will decide the outcome.

Birth injuries can be a long-lasting affliction on your child or your entire family. For the best results it is important to partner with a seasoned birth injury lawyer with a experience of successfully handling such claims.

Settlement

Your attorney must work to secure a full settlement for your family. This will depend on the severity of your child's injuries and the needs that result from them. For instance, a severe birth injury could mean years of medical care, which is often all-hours-of-the-day. Your lawyer will consult with specialists in medical and healthcare to determine the total cost of the care and file a suitable damage claim.

In many instances doctors or hospitals' malpractice insurance company will offer to settle the matter without the need for litigation. In these cases the lawyer you choose to use will submit an order package that includes an exhaustive description of the details of your case as well as a proposed dollar amount to settle it. The insurance company will review the details and respond to your request with a counter offer. Your lawyer will negotiate with the insurance company to come up with a fair settlement.

If a settlement cannot be agreed upon, your lawyer could bring a lawsuit against a medical malpractice in the state of the injury. Depending on the circumstances, you could include as defendants your physician and any other hospitals or doctors involved in the birth of your child and the injury. Your attorney will be able to gather more information following the filing of a lawsuit, which includes depositions and sworn testimony from witnesses, via the discovery process. These evidences will support your legal arguments.