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Birth Injury Legal Help

Families face huge financial costs 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 the quality of life for a child.

To prevail in a birth injury lawsuit, families must demonstrate four elements:

Statute of Limitations

It is essential to speak with a lawyer whenever you suspect medical malpractice. This will ensure that your claim is filed within your state's statute of limitations, as well as that you have sufficient time to create a strong case and recover fair compensation.

In general, a party has two and a half (2-1/2) years to file a medical negligence lawsuit that begins from the date of the occurrence of negligence. New York law extends the time limit to 10 years for cases brought by a child even if they haven't yet reached their 18th Birthday.

To prevail in a birth injury lawsuit, you must show that the defendant breached their obligation to you by creating injuries for your child. The cause of the injury is usually determined through the use of expert testimony and documents that show best practices, which are widely accepted by the medical community.

Your lawyer 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 all the documents, they will send a demand letter to the at-fault parties for damages in cash. If they don't agree to a settlement then your lawyer will bring a lawsuit to court. A lawsuit is usually resolved by a trial, in which each side presenting its evidence and arguments before a jury and judge.

Medical Experts

Birth injuries can have devastating effects on the child and his family. It is essential to seek legal help as early as you can. The lawyer can then construct an argument based on medical records and depositions of doctors. A lawyer may also ask an expert in medical field to give an opinion or analyze the case. This is a crucial part of any medical malpractice case.

Birth injuries aren't always easy to prove as symptoms might not manifest until later. Parents are often unaware of them until their child fails to meet milestones in their development or when their pediatrician suggests intellectual and physical deficiencies. A potential injury could be detected by symptoms such as an admission to the NICU, or the need for an CT or MRI scan after birth.

Causation is also an essential aspect of a successful lawsuit for birth injuries. You must prove that the defendant's breach in duty caused your child to be injured. This means that if the doctor did not commit the breach of duty, your child wouldn't have suffered an injury.

The majority of medical malpractice cases which include birth injuries, settle outside of court. In a settlement agreement, the defendants have to reach an agreement on a dollar amount to settle the matter. 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

A successful birth injury lawsuit requires the proof that your doctor violated his or her duty of care. This is typically done by obtaining an expert medical witness' opinion. The medical expert will examine the evidence in your case, including depositions from the doctors who were involved in your case, as well as medical records. He or she will decide whether your doctor's actions conform to the standard of practice for professionals with similar training, expertise and the circumstances.

Lawyers also employ financial experts to assess and calculate your losses, considering your current, past and future costs. Your lawyer will negotiate with the hospital's or medical malpractice insurer and file a lawsuit, if necessary, to secure the highest amount of compensation for injuries suffered by your child.

Contrary to many lawsuits birth injuries cases are generally settled. A settlement occurs when all parties agree to a set amount of money, and the legal process ceases. If you do not reach a settlement in your case, you could be taken to court where a jury and judge will decide the outcome.

A birth injury is a serious medical problem that can have long-lasting effects on your child and family. It is important to work closely with an attorney for birth injuries who is experienced in handling these claims.

Settlement

Your attorney must work to secure a full settlement for your family. This will depend on the nature of your child's injuries and the subsequent needs. For example, a severe birth injury law firms injury could mean years of care, often throughout the day. Your lawyer will consult medical and care experts to determine the amount of care required and file an appropriate claim.

In many cases the hospital's or doctor's malpractice insurer will offer to settle the matter without the need for litigation. In these situations your lawyer will present an offer package that includes a full description of the details of your case and a proposed dollar amount to settle the matter. The insurance company will scrutinize the information and respond to your request by countering with a counteroffer. Your lawyer will work with the insurance company to determine an appropriate settlement.

If a settlement is not reached, your attorney can make a claim for medical malpractice in the county where the injury occurred. Depending on the circumstances, you could name as defendants your doctor and any other hospitals or doctors involved in the birth of your child and the injury. Once the lawsuit is filed your attorney will be able to get more information through a process called discovery, that includes depositions, as well as witness testimony sworn by witnesses. The evidence you gather will help support your legal arguments.