Birth Injury Legal Help

Families are confronted with massive financial costs when a child is born with a medically-caused injury or illness. An attorney for birth injuries can help secure compensation to cover the care costs and enhance a child's quality of life.

Families must prove four elements to win a lawsuit for birth injuries:

Statute of Limitations

Whatever the manner in which the injury was sustained, it is 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, and that you have enough time to build a strong case and recover fair compensation.

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

To win a birth injuries lawsuit, you must demonstrate that the defendant breached their duty to you by inflicting injuries on your child. Causation is established by expert testimony and evidence that demonstrates the best practices that have been accepted by the medical community.

Your attorney will conduct an investigation and gather all evidence relevant to your case including medical records and tests results from both you and your baby. Then, they'll identify potential defendants and request the necessary documents from the insurance companies. After completing the process, they will send a demand notice to the parties at fault for financial damages. If they are unwilling to negotiate, your lawyer will file a lawsuit in court. A lawsuit is usually resolved through a trial, where each side presenting their evidence and arguments before a jury and judge.

Medical Experts

A birth injury can have devastating consequences for the child and his family. It is essential to seek legal help as soon as you can. This will allow the attorney to build a strong case, with evidence such as medical records and depositions by doctors. A lawyer can also get an expert in medical to review the case and give an opinion. This is a crucial element in any medical malpractice lawsuit.

Many birth injuries are difficult to prove since the symptoms might not be evident until a long time later. Parents are often unaware of them until their child misses developmental milestones or their pediatrician indicates that there are intellectual and physical deficits. Signs of an injury, like admission to the NICU, or the need for a CT scan or MRI after birth, can be a sign of an injury.

Causation is an additional factor in the success of a birth injury lawsuit. You must show that the defendant's breach of duty led to the injury of your child. If the doctor had not committed the breach of duty, your child would not have sustained an injury.

The majority of medical malpractice claims such as birth injuries, are settled outside of court. In a settlement, defendants must agree on an amount of money to settle the matter. The amount must reflect both past and future damages. Your lawyer will consult 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 a medical expert witness' opinion. The medical expert will review your case's evidence, including depositions of the doctors involved in your case and any medical documents. The expert will determine whether your doctor acted according to the standard of practice for professionals with similar training, expertise and circumstances.

A lawyer will also hire experts in finance to analyze and estimate your losses, taking into account the past, present, and future expenses. Your attorney will negotiate with the hospital or the physician's malpractice insurance company and initiate a lawsuit, if necessary, to secure maximum compensation for the harms your child has sustained.

Contrary to most lawsuits, birth injuries are often resolved through settlements. A settlement occurs when all parties reach an agreement on an amount and cease any legal action. If your case does not reach a settlement or settlement, it will go to trial where jurors and judges will decide on your fate.

A birth injury can have long-lasting effects on your child or your family. For the best results, it is important to partner with a seasoned birth injury lawyer who has a track record of successfully handling such claims.

Settlement

Your attorney should work to get a fair settlement for your family. This will depend on the nature of your child's injuries as well as the subsequent needs. For instance, a serious birth injury could require years of care, often all-hours-of-the-day. Your lawyer will speak with medical and health professionals to understand the total costs of the care and make an appropriate damage claim.

In a majority of cases the hospital's or doctor's malpractice insurance company will offer to settle the matter without the need for litigation. In these cases, your lawyer will submit an order package that includes a full description of the facts surrounding your case, along with a proposed amount of money to settle it. The insurance company will examine the details and respond to your request by countering with a counteroffer. Your lawyer will negotiate with the insurance company to determine an appropriate settlement.

If a settlement cannot be agreed upon, your lawyer could file a lawsuit for medical negligence in the county that caused the injury. Based on the circumstances, you may claim as defendants your doctor and any other doctors or hospitals involved in the birth injury law firm of your child and the injury. Your lawyer can gather additional details after filing an action, such as depositions and sworn testimony from witnesses, via an investigation process. The evidence you gather will help support your legal arguments.