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birth injury lawsuits Injury Legal Help

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

Families must prove four elements to prevail in a lawsuit against birth injury:

Statute of Limitations

It is essential to talk with an attorney immediately if you suspect medical malpractice. This ensures that your claim is filed within the state's statute of limitations, as well as you have time to build a strong case and recover an appropriate amount of compensation.

A plaintiff generally has two and half (2-1/2 years) to pursue a lawsuit based on medical malpractice, beginning from the date that the malpractice occurred. New York law extends this deadline to 10 years in cases filed on behalf of a child, provided the child is not yet the age of 18.

To win a birth injuries lawsuit, you must prove that the defendant violated their duty to you when the child's injuries. The cause of the injury is determined by expert testimony and evidence that demonstrates the best practices that are accepted by the medical community.

Your attorney will investigate and gather all relevant evidence in your case including medical records as well as test results from both you and your baby. Then, they will determine potential defendants and request required documents from insurance companies. After they have completed the process, they will send a demand letter requesting damages in the amount of money to the parties at fault. If they refuse to negotiate with you, your lawyer will take action in court. A lawsuit is usually settled by a trial where each side will present its evidence and arguments in front of a judge and jury.

Medical Experts

A birth injury can have devastating consequences for the child and his family. It is imperative to seek legal help as early as you can. This will allow the attorney to build a strong case with evidence such as medical records and depositions of doctors. Attorneys can also engage an expert in medical to review the case and provide an opinion. This is an essential step in any medical malpractice lawsuit.

Birth injuries aren't always easy to prove as symptoms might not be apparent until later. Parents are often unaware of them until their child has missed developmental milestones or their pediatrician suggests physical and intellectual deficits. Signs of an injury, like admission to the NICU or need for a CT scan or MRI after birth, could also indicate a possible injury.

Causation is a crucial element in a successful lawsuit for birth injuries. You must show that the defendant's breach of duty led to the injury of your child. This means that if the doctor did not make the breach of duty your child wouldn't've suffered any injury.

The majority of medical malpractice cases that involve birth injuries, are settled outside of court. In a settlement, defendants must agree on an amount in dollars to settle the matter. The amount must reflect past and future damages. Your lawyer will collaborate with financial and medical experts to determine a suitable amount.

Defendants

A successful birth injury lawsuit needs proving that your medical professional breached their duty of care. This is typically done by seeking the opinion of an expert witness from a medical field. The medical expert will review the evidence in your case including medical records and depositions made by the doctors involved. He or she will determine whether your doctor acted accordance with the appropriate standards of care for professionals with similar training and expertise in the context.

An attorney will also work with financial experts to analyze your losses and estimate reasonable damages that take into account the past, present and future costs. Your attorney will discuss with the hospital or the physician's malpractice insurance company and make a claim if needed to ensure maximum compensation for the harms your child has sustained.

Contrary to most lawsuits, birth injuries cases are generally settled. A settlement is when all parties agree to a specific amount of money and all legal action stops. If your case is unable to resolve or settlement, it will go to trial where an arbitrator and judge will decide on your fate.

A birth injury could cause long-lasting harm to your child or your entire family. To get the best results it is crucial to work with an experienced birth injury lawyer injury attorney who has proven track record of settling these claims successfully.

Settlement

Your attorney should work to get a fair settlement for your family. This will depend on the severity of your child's injuries as well as the subsequent needs. For instance, a severe birth injury can lead to years of care, usually throughout the day. Your lawyer will consult medical and care experts to understand the total costs of the care and submit a claim for damages that is appropriate.

In many instances, a hospital or doctor's malpractice insurance company will offer to settle the case without the necessity of litigation. In these situations your lawyer will provide a demand package containing a detailed description of the facts and the dollar amount that you propose to settle your case. The insurance company will scrutinize the details and respond to your request with a counter offer. Your lawyer will work with the insurance company to decide on the most fair settlement.

When a settlement cannot be reached, your attorney may bring a medical malpractice suit in the county in which the injury occurred. Depending on the circumstances, you could identify as defendants your doctor and any other hospitals or doctors involved in your child's birth and the injury. After filing the lawsuit, your attorney can obtain more details via the process known as discovery, which can include depositions and the sworn testimony of witnesses. The evidence you gather will aid in your legal arguments.