Birth Injury Legal Help

Families are faced with enormous financial burdens when a child is born with a medically caused injury or illness. A birth injury attorney can help secure compensation that will cover costs and enhance a child's quality of life.

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

Statute of limitations

It is essential to speak with a lawyer as soon as possible if you suspect medical malpractice. This ensures that your claim is filed within the state's statute of limitations, as well as that you have sufficient time to create a strong case and receive an appropriate amount of compensation.

A plaintiff generally has two and a half (2-1/2 years) to make a claim for medical malpractice, beginning on the date the negligence occurred. New York law extends this time limit to 10 years for cases brought on behalf children, provided the child has not yet reached their 18th birthday.

To win a birth injuries lawsuit, you must prove that the defendant violated their duty to you by the child's injuries. The basis for establishing causation is expert testimony and evidence that demonstrates the best practices that have been accepted by the medical community.

Your attorney will look into your case and gather all relevant evidence including medical records for you and your child. They will then determine potential defendants and get the necessary documents from their insurance companies. Once they have completed the process, they'll send a demand letter requesting damages in money to the parties at fault. If they refuse to negotiate with you, your lawyer will bring suit in the court. A lawsuit is generally resolved by a trial, in which each side presenting their evidence and arguments before a judge and a jury.

Medical Experts

If a baby is injured during birth injury law firms a birth injury it can have devastating consequences for the child and their family. It is essential to seek legal help as early as you can. This will enable the lawyer to build a strong case using evidence like medical records and depositions of doctors. A lawyer may also seek a medical expert to review the case and provide an opinion. This is a crucial aspect in any medical malpractice claim.

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

Causation is also a key aspect of a successful lawsuit for birth injury. You must prove that the defendant's breach of duty led to the injury of your child. This means that if the doctor did not do the wrong thing the child would not have suffered an injury.

The majority of medical malpractice claims, including those involving birth injuries, are settled out of court. In a settlement agreement, the defendants have to be able to agree on a specific dollar amount to settle the case. The amount must reflect your past and future damages. Your lawyer will consult financial and medical experts in order to determine the correct amount.

Defendants

To win a birth injury lawsuit you must prove that your medical provider violated their duty of care. This is usually accomplished by obtaining an expert medical witness' opinion. The medical expert will review the evidence in your case, including medical records and depositions given by the doctors involved. He or she will decide whether your doctor acted according to the appropriate standards of procedure for professionals with similar training, expertise and the circumstances.

A lawyer may also consult financial experts to analyze your losses and estimate reasonable damages that include the present, past, and future expenses. Your attorney will negotiate with the hospital or the doctor's malpractice insurer and will bring a lawsuit if necessary to secure maximum compensation for your child's injuries.

Contrary to the majority of lawsuits, birth injuries cases are usually settled. Settlements occur when all parties agree to pay a specific amount of money and all legal action stops. If your case fails to reach a settlement, it may go to trial, where the jury and a judge will decide what happens.

A birth injury could be a long-lasting affliction on your child or your entire family. To achieve the best results it is crucial to consult with an experienced birth injury lawyer with a proven track record of settling these claims successfully.

Settlement

Your attorney should do everything possible to ensure that your family receives an appropriate settlement. It will depend on the extent of your child's injury and the needs that result from them. For instance, a serious birth injury could require many years of treatment, often 24/7. Your lawyer will consult with specialists in medical and healthcare to understand the total costs of this care and submit a claim for damages that is appropriate.

In many cases the malpractice insurance of a physician or hospital will offer to settle a case without litigation. In these cases your lawyer will mail an order package with an extensive description of the facts and the dollar amount you'd like to settle your case. The insurance company will examine the details and respond to your request with a counter offer. Your lawyer will negotiate an equitable settlement with the insurance company.

If a settlement is not agreed upon, your attorney may file a medical malpractice lawsuit in the county where the injury occurred. Based on the circumstances, you may include as defendants your physician and any other hospitals or doctors involved in the birth of your child and the injury. After the lawsuit is filed your attorney will be able to get more information through an investigation process known as discovery which includes depositions and sworn testimony from witnesses. This evidence will help support your legal arguments.