Birth Injury Legal Help

If children are born with an illness or injury due to medical negligence, families have to deal with enormous financial burdens. A birth injury attorney can assist in obtaining compensation to cover medical costs and enhance a child's quality of life.

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

Statute of limitations

No matter how the injury occurred, it's crucial to seek legal advice as soon as you suspect that medical negligence. This will ensure that your claim is filed in time for your state's statutes of limitations and that you have enough time to construct a strong case and recover an appropriate amount of compensation.

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

In order to win a lawsuit for birth injuries, you must prove that the defendant breached their duty to you and caused the injury to your child. The way to establish causation is usually by using evidence from experts and documents that demonstrate best practices, which are generally accepted by the medical community.

Your lawyer will conduct an investigation and collect all evidence relevant to your case, including medical records and tests results from both you and your child. Then, they'll identify potential defendants and request required documents from the insurance companies. After completing the process, they will send a demand letter to the at-fault parties asking for monetary damages. If they don't agree to negotiate with your lawyer, they will take action in court. A lawsuit is usually resolved by a trial where each side is required to present its arguments and evidence before a judge and jury.

Medical Experts

Birth injuries could have devastating consequences for the child and his family. It is crucial to seek legal help as soon as possible. This will allow the attorney to build a strong case, using evidence like medical records and depositions by doctors. A lawyer can also ask a medical expert for an opinion and to analyze the case. This is a crucial element in any medical malpractice lawsuit.

Many birth injuries are difficult to prove, because the signs might not be evident until a long time later. Parents usually don't realize they have them until their child misses milestones in development or their doctor indicates that there are intellectual and physical limitations. Signs of injury, such as admission to the NICU or the need for an CT scan or MRI after birth, can be a sign of an injury.

Causation is yet another crucial aspect in a successful birth injury lawsuit. You must prove 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.

Most medical malpractice claims including those involving birth injuries or birth injury, are settled out of court. In a settlement, defendants must agree on a dollar amount to resolve the claim. The amount must reflect your past and future damages. Your lawyer will consult with medical and financial experts to determine the correct 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 the evidence in your case, including medical records as well as depositions taken by doctors involved. They will determine whether your doctor acted in conformity with the standards of care for doctors with similar training and expertise in the particular circumstances.

A lawyer will also engage financial experts to evaluate your losses and calculate reasonable damages that account for the past, present and future costs. Your attorney will negotiate with the hospital or physician's malpractice company and bring a lawsuit if necessary to get the most compensation possible for the injuries your child sustained.

Contrary to the majority of lawsuits, birth injuries cases are often settled. A settlement is when all parties agree to a certain amount of money and legal proceedings cease. If you don't reach a settlement agreement in your case, the case may go to court, where a jury and judge will decide the outcome.

A birth injury could have long-lasting effects on your child or family. To get the best results it is crucial to partner with a seasoned birth injury attorney who has a track record of successfully handling such claims.

Settlement

Your attorney must do everything possible to ensure that your family receives an appropriate settlement. This will depend on the severity of your child's injuries and the subsequent needs. A severe birth injury law firms injury, such as might require years of care and often round-the-clock. Your lawyer will consult medical and care experts to determine the total cost of the care and then file a suitable claim.

In many instances the hospital's or doctor's malpractice insurer will offer to settle the matter without the necessity of litigation. In these instances your lawyer will file a demand form that includes a detailed statement of the facts surrounding your case as well as a proposed dollar amount to settle the matter. The insurer will review the information provided and then respond with a counteroffer. Your lawyer will negotiate a fair settlement with the insurance company.

If a settlement isn't reached, your lawyer may bring a lawsuit against a medical negligence in the county that caused the injury. Depending on the circumstances, you may name as defendants your doctor and any other hospitals or doctors involved in the birth of your child and the injury. Your attorney will be able to gather more information following the filing of a lawsuit, including depositions and sworn testimony from witnesses, as part of the discovery process. The evidence you gather will help support your legal arguments.