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Birth Injury Legal Help

Families are confronted with massive cost of living when a child is born with a medically-caused injury or illness. A birth injury lawyer can help families secure compensation to cover medical expenses and improve the quality of life for their children.

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

Statute of limitations

No matter how the injury was sustained, it's essential to seek legal advice when you suspect that medical negligence. This will ensure that your claim is filed within your state's statute of limitations, as well as you have time to develop a strong claim and get fair compensation.

In general, a party has two and a 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 time limit to 10 years for lawsuits brought by children even if they haven't yet reached the age of 18.

In order to win a lawsuit for birth injuries, you must prove that the defendant breached his or her duty to you and caused your child's injury. Causation is usually established through expert testimony and documents demonstrating best practices, which are generally accepted by the medical community.

Your attorney will look into your case and collect all relevant evidence, including medical records for you and your child. They will then find potential defendants and get the necessary documents from their insurance companies. After they have completed the procedure, they will send a demand letter for damages in money to the parties who are at fault. If they don't agree to a settlement, your lawyer will bring a lawsuit to court. A lawsuit is usually resolved by a trial, in which each side presenting evidence and arguments before a jury and judge.

Medical Experts

A birth injury can cause devastating harm to the child and his family. It is important to seek legal advice as soon as possible. The lawyer can then construct a solid case based on medical records and doctor depositions. A lawyer may also ask an expert medical professional for an opinion and to examine the case. This is a crucial step in any medical malpractice case.

Many birth injuries are difficult to prove, since the symptoms might not show up until much later. Parents may not notice birth injuries until their child has failed to meet developmental milestones, or until their doctor has suggested that there are intellectual and physical deficits. Signs of injury, like admission to the NICU or a need for an CT scan or MRI following birth, may be a sign of an injury.

Causation is yet another crucial element in a successful birth injury lawsuit. You must establish that the defendant's breach in duty caused your child's injuries. 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, are settled outside of court. In a settlement, the defendants must agree on an amount in dollars to settle the case. The amount must reflect past and future damages. Your lawyer will consult with experts in financial and medical fields to determine the correct amount.

Defendants

A successful birth injury lawsuit will require the proof that your doctor did not fulfill their duty of care. This is usually accomplished by obtaining the opinion of medical expert witnesses. The medical expert will review the evidence of your case, including depositions from the doctors who were involved in your case and medical documents. He or she will determine whether your doctor's actions were in accordance to the proper standard of practice for professionals with similar training, expertise and context.

A lawyer can also employ experts in finance to assess your losses and calculate reasonable damages that account for past, present, and future costs. Your lawyer will discuss with the hospital or physician's malpractice carrier and will initiate a lawsuit, if necessary, to get the most compensation possible for the harms your child has sustained.

Contrary to the majority of lawsuits, birth injury cases are typically settled. A settlement occurs when all parties agree to a specific amount and stop all legal action. If your case fails to resolve the case could go to trial where the jury and a judge will decide what happens.

Birth injuries can be a long-lasting affliction on your child or your family. It is crucial to be in close contact with a birth injury lawyer who is experienced in handling such claims.

Settlement

Your lawyer should do everything possible to ensure that your family receives a fair settlement. This will depend on the severity of your child's injuries and the resulting demands. For instance, a serious birth injury could result in years of care, usually around-the-clock. Your lawyer will consult with medical and care experts in order to determine the total cost of this care and then file a suitable claim.

In many instances, a doctor or hospital's malpractice insurer will offer to settle the case without the necessity of litigation. In these instances your lawyer will present an order package that includes a full description of the facts of your case as well as a proposed dollar amount to settle the matter. The insurance company will scrutinize your information and respond by counter-offering. Your lawyer will work with the insurance company to decide on the fairness of the settlement.

If a settlement is not reached, your attorney could make a claim for medical malpractice in the county where the injury occurred. Based on the circumstances, you could include as defendants your physician and any other hospitals or doctors involved in your child's birth and the injury. After filing the lawsuit your attorney will be able to get more details via a process called discovery, which can include depositions and the sworn testimony of witnesses. This evidence can be used to support your legal arguments.