Birth Injury Legal Help

If a child is born with an injury or illness due to medical negligence, families have to deal with enormous 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.

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

Statute of limitations

Regardless of how the injury was sustained, it's crucial to seek legal advice as soon as you suspect that medical negligence. This will ensure that your claim is filed within the timeframe for the statutes of limitations and that you have the time to develop a solid case and receive fair compensation.

In general, a party has two and one-half (2-1/2) years to file a medical malpractice lawsuit starting from the date of the incident of negligence. New York law extends the deadline to 10 year for cases brought by a child in the event that they have not yet reached the age of 18.

In order to win a birth-related injury lawsuit, you must show that the defendant violated their duty to you when the child's injuries. Causation is established by expert testimony and evidence that demonstrates the best practices and have been endorsed by the medical community.

Your attorney will investigate your case and gather all relevant evidence, including medical records for you and your child. They will then determine potential defendants and request the necessary documents from their insurance companies. Once complete, they will submit a demand letter to the at-fault parties asking for damages in cash. If they are unwilling to negotiate then your lawyer will begin a lawsuit in the courtroom. A lawsuit is usually settled by a trial where each side presents its evidence and arguments to the jury and a judge.

Medical Experts

When a baby suffers from an injury at birth the result can be devastating consequences for the baby and his family. It is important to get legal help as quickly as you can. An attorney can then create an evidence-based case using medical records and doctor depositions. A lawyer can also get a medical expert to review the case and provide an opinion. This is a crucial element in any medical malpractice case.

Many birth injuries are difficult to prove, because the signs may not manifest until much later. Parents may not notice them until their child fails to meet milestones in development or their doctor indicates that there are intellectual and physical deficiencies. Signs of injury, such as admission to the NICU or a need for a CT scan or MRI following birth, may be a sign of a potential injury.

Causation is another crucial component of a successful lawsuit for birth injury. You must prove that the defendant's breach of duty led to your child's injury. If the doctor had not committed the breach of duty, then your child would not have suffered an injury.

Most medical malpractice cases like those involving birth injury that are settled out of court. In a settlement agreement, the defendants have to reach an agreement on a dollar amount in order to resolve the claim. The amount must reflect both past and future damages. Your lawyer will collaborate with financial and medical experts to determine the right amount.

Defendants

To be successful in a birth injury law firms injury lawsuit you must prove that your medical provider violated their duty to care. This is usually accomplished by obtaining a medical expert witness' opinion. The expert will look over the evidence in your case including medical records and depositions made by the doctors involved. They will determine whether your doctor acted in conformity with the standard of care for professionals who have similar training and expertise in the particular circumstances.

A lawyer will also hire experts in finance to evaluate and calculate your losses taking into account your current, past, and future expenses. Your lawyer will discuss with the hospital's medical malpractice insurer and file a lawsuit, if necessary, to secure maximum compensation for injuries suffered by your child.

Contrary, to most lawsuits birth injury cases are typically settled. A settlement is when all parties agree to pay a certain amount of money and legal action ceases. If you are unable to reach a settlement agreement in your case, it may be brought to court where a jury and judge will decide the outcome.

A birth injury is a serious medical problem that can have long-lasting effects for your child and family. It is essential to collaborate with a birth injury lawyer who has experience handling such claims.

Settlement

Your attorney should be working to find a full settlement for your family. It will depend on the extent of your child's injury, and the resulting needs. A severe birth injury, such as may require years of medical attention and often round-the-clock. Your lawyer will consult with medical and health professionals to understand the total costs of the care and submit a claim for damages that is appropriate.

In many cases the malpractice insurance policy of a hospital or doctor will offer the possibility of settling a case without litigation. In these situations the lawyer will then send an order package with details of the facts and a dollar amount that you propose to settle the case. The insurer will review the information and respond with a counteroffer. Your lawyer will work with the insurance company to determine the most fair settlement.

When a settlement cannot be reached, your attorney could file a medical malpractice lawsuit in the county in which the incident occurred. You could be able to identify your doctor, along with any other doctors or hospital involved in the birth of your child and the injury as defendants, based on the circumstances. When the lawsuit is filed, your attorney can obtain more information through the process of discovery, which includes depositions as well as sworn testimony from witnesses. These evidences will support your legal arguments.