Birth Injury Legal Help

Families are faced with enormous cost of living 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 a child's quality of life.

To win a birth-related injury lawsuit, families must demonstrate four elements:

Statute of limitations

Whatever the way in which the injury occurred, it's important to seek legal counsel when you suspect that medical negligence. This will ensure that your claim is filed within the state's statute of limitations, and you have time to construct a solid case and receive the right amount of compensation.

In general, a claimant has two and a half (2-1/2) years to file a medical negligence lawsuit beginning from the date of the occurrence of negligence. New York law extends the deadline to 10 year for cases filed by children even if they haven't yet reached the age of 18.

To be successful in a lawsuit against birth injuries, you must prove that the defendant acted in breach of their duty to you and caused your child's injury. The causation is established through expert testimony and evidence of best practices, which 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. Then, they will determine potential defendants and request the required documents from the insurance companies. After they have completed the procedure, they will send a demand note for damages in money to the parties at fault. If they do not agree to negotiate the lawyer will bring a lawsuit to court. A lawsuit is usually resolved by a trial, in which each side presenting their evidence and arguments before a jury and a judge.

Medical Experts

If a baby is affected by an injury to their birth and suffers a devastating effects for the baby and his family. It is imperative to seek legal help as quickly as you can. This will enable the lawyer to build a strong case, based on evidence such as medical records and depositions of doctors. A lawyer may also ask the medical expert to give an opinion or look over the case. This is a crucial aspect in any medical malpractice case.

Many birth injuries are difficult to prove as the symptoms may not appear until much later. Parents may not notice them until their child has missed milestones in development or their doctor declares that there are physical and intellectual deficits. Signs of injury, such as admission to the NICU or need for a CT scan or MRI after birth, may be a sign of a potential injury.

Causation is a crucial aspect of a successful lawsuit for birth injury. You must show that the defendant's breach of duty caused the injury to your child. If the doctor had not committed the breach of duty, then your child would not have sustained an injury.

The majority of medical malpractice claims including those involving birth injuries that are settled out of court. In a settlement, the defendants must agree on an amount of money to settle the case. The amount must reflect past and future damages. Your lawyer will consult experts in financial and medical fields to determine the correct amount.

Defendants

A successful birth injury lawsuit will require the proof that your doctor has violated their duty of care. This is typically accomplished by seeking the opinion of an expert witness in the field of medicine. The medical expert will review the evidence in your case, including depositions from the doctors involved in your case and any medical records. He or she will establish whether your doctor acted accordance with the appropriate standards of care for professionals with similar qualifications and experience under the circumstances.

A lawyer will also engage experts in finance to assess your losses and determine reasonable damages to account for both present and future expenses. Your lawyer will engage with the hospital's medical malpractice insurer and file a lawsuit, should it be necessary, to ensure the maximum amount of compensation for injuries sustained by your child.

As opposed to most lawsuits injury cases usually end in settlements. A settlement is when all parties agree to pay a set amount of money, and all legal action stops. If your case doesn't settle then it could go to trial where the jury and a judge will decide your fate.

A birth injury is a serious medical problem that can have long-lasting effects on your child and the family. It is crucial to be in close contact with an attorney who is experienced in handling such claims.

Settlement

Your lawyer must do all possible to ensure that your family receives an appropriate settlement. It will depend on the extent of your child's injury and the subsequent needs. For example, a severe birth injury could require years of medical care, which is often 24/7. Your lawyer will consult with medical and care experts in order to determine the total cost of the care and file an appropriate claim.

In many cases the malpractice insurance of a doctor or birth injury attorney hospital will offer the option of settling a case with no litigation. In these cases your lawyer will mail an offer package that includes details of the facts and the dollar amount that you want to settle your case. The insurance company will review the details and respond with a counter offer. Your lawyer will negotiate with the insurance company to determine a fair settlement.

If no settlement is reached, your lawyer may make a claim for medical malpractice in the county of the injury. It is possible to name your doctor, and any other doctors or hospital involved in the birth of your child and the accident, as defendants depending on the circumstances. Your lawyer will gather additional information following the filing of a lawsuit, which includes depositions and sworn testimony from witnesses, as part of the discovery process. The evidence you gather will aid in your legal arguments.