Birth Injury Legal Help

When the child is born with an injury or illness because of medical negligence, injury families must deal with tremendous financial burdens. An attorney who specializes in birth injuries can assist in obtaining compensation that will cover costs and enhance a child's quality of life.

Families must prove four elements to prevail in a lawsuit for birth injury:

Statute of limitations

Whatever the way in which the injury was sustained, it's crucial to seek legal advice immediately if you suspect medical negligence. This will ensure that your claim is filed within the state's statute of limitations, as well as you have time to construct a solid case and receive an appropriate amount of compensation.

In general, a person has two and half (2-1/2) years to file a medical malpractice lawsuit that begins from the date of the occurrence of negligence. New York law extends the deadline to 10 year for cases filed by children if they have not yet reached their 18th Birthday.

To prevail in a lawsuit involving birth injuries, you need to prove that the defendant did not fulfill his or her obligation to you and caused your child's injury. The cause of the injury is determined by expert testimony and documents that show the best practices, which are accepted by the medical community.

Your attorney will conduct an investigation and collect the relevant evidence in your case including medical records as well as tests results from both you and your baby. They will also identify potential defendants and get the necessary documents from their insurance companies. Once the paperwork is completed, they'll send a demand letter to the at-fault parties asking for financial damages. If they do not agree to negotiate the lawyer will begin a lawsuit in the courtroom. A lawsuit is usually resolved through a trial, where each side is required to present its evidence and arguments before the jury and a judge.

Medical Experts

When a baby suffers from an injury to their birth and suffers a devastating effects for the child and their family. It is crucial to seek legal assistance as soon as you can. This will allow the lawyer to construct a strong case, using evidence like medical records and depositions by doctors. Attorneys can also engage an expert medical professional to look over the case and offer an opinion. This is an essential step in any medical malpractice case.

Birth injuries aren't always easy to prove as symptoms might not manifest until later. Parents may not be aware of birth injuries until their child has failed to meet developmental milestones, or until their pediatrician has stated that there are intellectual and physical deficits. A possible injury may be identified by signs such as admission to the NICU or the need for a CT or MRI scan following the birth.

Causation is a crucial element in a successful lawsuit for birth injuries. You must establish that the defendant's breach in duty caused your child's injury. This means that if the doctor didn't do the wrong thing then your child wouldn't have suffered any injury.

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

Defendants

A successful birth injury lawsuit needs the medical professional to prove that they has violated their duty of care. This is usually accomplished by obtaining the opinion of an expert witness from a medical field. The medical expert will examine the evidence in your case including medical records and depositions made by the doctors involved. He or she will determine whether your doctor's actions conform to the appropriate standards of procedure for professionals who have similar qualifications, experience and circumstances.

A lawyer may also consult financial experts to evaluate your losses and calculate reasonable damages that include the past, injury present and future costs. Your lawyer will discuss with the hospital's physician's malpractice insurance and file a lawsuit should it be necessary, to ensure maximum compensation for injuries suffered by your child.

Contrary, to most lawsuits birth injuries cases are often settled. Settlements occur when all parties agree to an amount and cease any legal actions. If you don't reach a resolution in your case, the case could be taken to court where a jury and judge will decide on the outcome.

Birth injuries can have long-lasting effects on your child or family. For the best results it is crucial to consult with an experienced birth injury lawyer who has proven track record of successfully settling such claims.

Settlement

Your lawyer must do all possible to ensure that your family receives an appropriate settlement. It will depend on your child's injuries and the demands that result. A severe birth injury, for instance, could require years of care, typically, 24/7. Your lawyer will consult with medical and care experts in order to determine the total cost of the care and then file a suitable claim.

In many cases the malpractice insurance of a medical facility or hospital will offer the option of settling a case with no litigation. In these cases, your lawyer will send an order package with an exhaustive description of the facts and a dollar amount that you propose to settle your case. The insurer will review your documents and respond with a counter-offer. Your lawyer will negotiate an acceptable settlement with the insurance company.

If a settlement is not reached, your attorney can pursue a medical malpractice lawsuit in the county where the incident occurred. Based on the circumstances, you can claim as defendants your doctor and any other hospitals or doctors involved in your child's birth and the injury. Once the lawsuit is filed, your attorney can obtain more details through the process of discovery, which includes depositions as well as swearing testimony from witnesses. The evidence you gather will aid in your legal arguments.