Birth Injury Legal Help

Families are faced with huge financial burdens when a child is born with a medically caused injury or illness. A birth injury lawyer can assist families get compensation to cover medical expenses and improve the quality of life for their children.

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

Statute of Limitations

It is crucial to speak with a lawyer as soon as you can if you suspect medical malpractice. This will ensure that your claim is filed at the right time for your state's statutes limitations and that you have sufficient time to build a solid case and recover fair compensation.

In general, a person has two and two-and-a-half (2-1/2) years to file a medical negligence lawsuit starting from the date of the incident of negligence. New York law extends this deadline to 10 years in lawsuits brought on behalf of a child, provided that the child is not yet their 18th birthday.

To win a birth injuries lawsuit, you have to prove that the defendant breached their obligation to you inflicting injuries on your child. The basis for establishing causation is expert testimony and documents that demonstrate the best practices, which have been endorsed by the medical community.

Your lawyer will conduct an investigation and gather all relevant evidence in your case including medical records and tests results from both you and your baby. They will then identify potential defendants and collect the necessary documents from their insurance companies. After completing the process, they will submit a demand letter 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 settled through a trial, with both sides presenting their evidence and arguments before a jury and a judge.

Medical Experts

If a child suffers an injury at birth the result can be devastating consequences for the child and family. It is imperative to seek legal help as soon as you can. This will enable the lawyer to build a strong case by using evidence, such as medical records and depositions of doctors. A lawyer can also get an expert medical professional to look over the case and give an opinion. This is a crucial aspect in any medical malpractice lawsuit.

Many birth injuries are difficult to prove, as the symptoms may not appear until much later. Parents often don't notice them until their child fails to meet developmental milestones or their pediatrician suggests intellectual and physical deficits. A possible injury may be detected through indications such as admission to the NICU or a need for a CT or MRI scan following the birth injury attorneys.

Causation is yet another crucial factor in a successful birth injury lawsuit. You must demonstrate that the defendant's lapse in duty caused your child to be injured. If the doctor hadn't committed the breach of duty, then your child would not have suffered an injury.

Most medical malpractice claims, such as those involving birth injury that are settled out 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 did not fulfill their duty of care. This is usually accomplished by obtaining a medical expert witness' opinion. The medical expert will analyze 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 under the circumstances.

A lawyer will also engage financial experts to evaluate your losses and calculate reasonable damages that include the past, present and future expenses. Your lawyer will engage with the hospital, or physician's malpractice carrier and will file a lawsuit if necessary to ensure maximum compensation for the injuries your child sustained.

Unlike most lawsuits, birth injury cases are usually resolved in settlements. Settlement occurs when all parties agree on a specific amount and stop all legal action. If your case is unable to settle or settlement, it will be referred to trial, where an arbitrator and judge will decide what happens.

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

Settlement

Your lawyer should help get a fair settlement for your family. It will depend on the severity of your child's injuries and the subsequent needs. A severe birth injury, for instance may require years of treatment and often, round-the-clock. Your lawyer will speak with specialists in medical and healthcare to understand the total costs of the care and submit a claim for damages that is appropriate.

In a lot of cases, a doctor or hospital's malpractice insurance company will offer to settle the matter without the need for litigation. In these instances, your lawyer will submit a demand package that contains a full description of the facts of your case along with a suggested dollar amount to settle the matter. The insurer will review the information and respond to your request with a counter offer. Your lawyer will negotiate with the insurance company to determine a fair settlement.

If a settlement cannot be agreed upon, your attorney may file a medical malpractice lawsuit in the county where the injury occurred. Based on the circumstances, you may claim as defendants your doctor and any other hospitals or doctors involved in the birth of your child and the injury. Once the lawsuit is filed and your lawyer is able to obtain additional information via a process called discovery, which can include depositions and sworn testimony from witnesses. This evidence can be used to support your legal arguments.