Birth Injury Legal Help

Families face huge financial burdens when a child is born with an medically-caused injury or illness. A birth injury attorney can help secure compensation to cover the care expenses and improve the quality of life of a child.

Families must demonstrate four things to prevail in a lawsuit against birth injury:

Statute of Limitations

Regardless of how the injury was sustained, it is important to seek legal counsel when you suspect that medical negligence. This will ensure that your claim is filed on time for your state's statutes limitations and you will have enough time to create a strong case and recover fair compensation.

A plaintiff generally has two and half (2-1/2 years) to bring a lawsuit for medical malpractice, starting from the date that the malpractice occurred. New York law extends the time limit to 10 years for cases filed by children in the event that they have not yet reached their 18th Birthday.

In order to win a lawsuit for birth injuries, you must prove that the defendant breached his or her obligation to you and caused your child's injury. The cause of the injury is determined by expert testimony and documents that show the best practices that have been accepted by the medical community.

Your attorney will conduct an investigation and collect all evidence relevant to your case including medical records and tests results from both you and your child. They will also identify potential defendants and collect the required documents from their insurance companies. Once they have all the documents, they will send a demand notice to the at-fault parties for monetary damages. If they refuse to negotiate then your lawyer will begin a lawsuit in the courtroom. A lawsuit is generally resolved through a trial, with both sides presenting their evidence and arguments before a jury and a judge.

Medical Experts

If a baby is affected by injuries to the birth process it can have devastating consequences for the baby and his family. It is crucial to seek legal help as soon as possible. The lawyer can then construct an argument based on medical records and depositions of doctors. A lawyer may also seek an expert from a medical field to review the case and offer an opinion. This is a vital step in any medical malpractice case.

Birth injuries aren't always easy to prove as symptoms might not be evident until later. Parents may not recognize birth injuries until their child has missed developmental milestones, or until their doctor has suggested that there are cognitive physical and intellectual deficiencies. Signs of an injury, like admission to the NICU or a need for a CT scan or MRI after birth, may be a sign of an injury.

Causation is yet another crucial factor in a successful birth injury lawsuit. You must show that the defendant's breach of duty led to the injury to your child. If the doctor had not committed the breach of duty, then your child would not have suffered an injury.

The majority of medical malpractice cases that involve birth injury law firm injuries, are settled out of court. In a settlement, the defendants must reach an agreement on a dollar amount to resolve the claim. The amount must reflect your present and future damages. Your lawyer will consult with financial and medical experts in order to determine the right amount.

Defendants

A successful birth injury lawsuit will require proving that your medical professional violated his or her duty of care. This is usually accomplished by obtaining an expert medical witness's opinion. The expert medical examines the evidence of your case, including depositions of the doctors involved in your case and medical records. He or she will establish whether your doctor's actions were in conformity with the appropriate standard of care for professionals who have similar training and expertise in the circumstances.

An attorney will also work with financial experts to assess your losses and calculate fair damages to account for past, present, and future costs. Your attorney will bargain with the hospital or the doctor's malpractice insurer and will bring a lawsuit if necessary to get the most compensation possible for your child's injuries.

Contrary to the majority of lawsuits, birth injuries cases are often settled. Settlement occurs when all parties agree to an amount and cease any legal actions. If your case doesn't reach a settlement or settlement, it will go to trial, where the jury and a judge will decide what happens.

A birth injury is a serious medical issue that can have lasting effects on your child and the family. It is essential to cooperate with a birth injury lawyer who has experience handling such cases.

Settlement

Your lawyer must do all possible to ensure that your family receives a fair settlement. This will depend on the severity of your child's injuries and resulting needs. For example, a severe birth injury could require years of care, usually around-the-clock. Your lawyer will consult with medical and care experts to know the total cost of the care and make an appropriate damage claim.

In many instances the malpractice insurance of a physician or hospital will offer the option of settling a case with no litigation. In these cases your lawyer will present an offer package that includes an exhaustive description of the details of your case along with a suggested dollar amount to settle the matter. The insurance company will examine the information provided and then respond with a counteroffer. Your lawyer will negotiate with the insurance company to come up with the fairness of the settlement.

If a settlement isn't agreed upon, your lawyer could make a claim for medical negligence in the county that caused the injury. Depending on the circumstances, you could identify as defendants your doctor and any other doctors or hospitals involved in the birth of your child and the injury. Your attorney can gather more information following the filing of a lawsuit, including depositions and sworn testimony from witnesses, as part of an investigation process. These evidences will support your legal arguments.