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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 attorney can assist in obtaining compensation that will cover costs and enhance the quality of life of a child.

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

Statute of limitations

Whatever the manner in which the injury was sustained, it is important to seek legal counsel immediately if you suspect medical negligence. This will ensure that your claim is filed within the timeframe to comply with your state's statutes limitations and that you have the time to develop a solid case and recover the right amount of compensation.

In general, a plaintiff has two and a half (2-1/2) years to file a medical malpractice lawsuit that begins from the date of the incident of negligence. New York law extends the deadline to 10 years in cases brought by children if they have not yet reached the age of 18.

To prevail in a birth injury lawsuit, you must demonstrate that the defendant breached their obligation to you causing your child's injuries. Causation is usually established through expert testimony and evidence demonstrating best practices, which are widely accepted by the medical professionals.

Your lawyer will conduct an investigation and collect any relevant evidence to your case including medical records and tests results from both you and your child. Then, they'll identify potential defendants and request necessary documents from insurance companies. Once the paperwork is completed, they'll send a demand notice to the parties at fault for financial damages. If they refuse to negotiate with you, your lawyer will file suit in court. A lawsuit is generally resolved through a trial, with each side presenting their evidence and arguments before a judge and a jury.

Medical Experts

Birth injuries can have devastating effects on the child and his family. It is important to seek legal assistance as soon as possible. The attorney can then build an effective case based on medical records and depositions of doctors. Lawyers may also approach an expert medical professional to give an opinion or review the case. This is an essential element in any medical malpractice case.

Many birth injuries are difficult to prove because the signs may not manifest until much later. Parents may not notice them until their child has missed developmental milestones or until their pediatrician declares that there are intellectual and physical limitations. A potential injury could be identified by signs such as admission to the NICU, or a need for a CT or MRI scan following the birth.

Causation is also a key aspect of a successful lawsuit for birth injuries. You must show that the defendant's failure in duty caused your child's injuries. This means that if the doctor did not do the wrong thing the child would not have suffered any injury.

The majority of medical malpractice claims, including those involving birth injuries, are settled outside of court. In a settlement agreement, the parties have to reach a consensus on a price in order to resolve the case. The amount must reflect past and future damages. Your lawyer will consult with financial and medical experts to determine the appropriate amount.

Defendants

To succeed in a birth injury lawsuit you must prove that your medical professional did not meet their duty of care. This is typically accomplished by seeking the opinion of an expert witness from a medical field. The expert will look over the evidence in your case, including medical records as well as depositions taken by doctors involved. They will determine whether your doctor acted according to the standard of procedure for professionals with similar training, expertise and context.

An attorney will also work with experts in finance to assess your losses and calculate reasonable damages that include the past, present and future costs. Your lawyer will engage with the hospital, or physician's malpractice company and will initiate a lawsuit, if necessary, to ensure maximum compensation for your child's injuries.

Contrary to most lawsuits, birth injury cases are usually resolved in settlements. Settlements occur when all parties agree to an amount and cease any legal actions. If your case does not resolve the case could go to trial where the jury and a judge will decide your fate.

A birth injury can be a long-lasting affliction on your child or family. It is essential to cooperate with an attorney for birth injuries who is experienced in handling these claims.

Settlement

Your attorney should work to obtain a fair settlement for your family. This will depend on the severity of your child's injuries as well as the resulting demands. For example, a severe birth injury could mean years of care, often all-hours-of-the-day. Your lawyer will consult medical and health experts to determine the total cost of the care and then file a suitable claim.

In a lot of cases, a hospital or doctor's malpractice insurance company will offer to settle the matter without the need for litigation. In these instances the lawyer will then send a demand package containing a detailed description of the facts and a dollar amount you would like to offer to settle your case. The insurance company will review your documents and respond with a counter-offer. Your lawyer will negotiate a fair settlement with the insurance company.

When a settlement cannot be reached, your attorney could pursue a medical malpractice lawsuit in the county in which the injury occurred. You may be able claim your doctor along with any other hospital or doctor involved in the birth of your child, and also the injury, as defendants based on circumstances. Your lawyer can gather additional details after filing a lawsuit, which includes depositions and sworn statements from witnesses through a discovery process. The evidence you gather will aid in your legal arguments.