Birth Injury Legal Help

When a child is born suffering from an illness or injury because of medical negligence, families have to deal with enormous financial costs. An attorney for birth injuries can assist in obtaining compensation to cover the care expenses and improve a child's quality of life.

Families must show four things to prevail in a lawsuit against birth injuries:

Statute of limitations

It is important to consult an attorney as soon as possible if you suspect medical malpractice. This will ensure that your claim is filed on time to comply with your state's statutes limitations and that you have sufficient time to develop a solid case and recover the right amount of compensation.

A plaintiff generally has two and a half (2-1/2 years) to file a lawsuit for medical malpractice. The time period begins from the date the negligence occurred. New York law extends the deadline to 10 year for lawsuits brought by children who has not yet reached their 18th Birthday.

To prevail in a birth injury lawsuit, you must show that the defendant breached their obligation to you inflicting injuries on your child. Causation is usually established through the use of expert testimony and documents demonstrating the best practices, which are generally accepted by the medical profession.

Your attorney will conduct an investigation and collect any relevant evidence to your case including medical records as well as tests results from both you and your baby. They will then find potential defendants and get the necessary documents from their insurance companies. Once complete, they will send a demand letter to the at-fault parties for damages in the form of money. If they don't agree to negotiate with your lawyer, they will sue in court. A lawsuit is usually resolved through a trial, with each side presenting its evidence and arguments before a jury and judge.

Medical Experts

A birth injury could have devastating consequences for the child and his family. It is essential to seek legal help as early as you can. This will allow the attorney to develop a convincing case, with evidence such as medical documents and depositions of doctors. A lawyer can also ask the medical expert for an opinion and to review the case. This is a crucial step in any medical malpractice case.

Many birth injuries are difficult to prove, because the signs may not appear until much later. Parents may not be aware of birth injuries until their child has missed milestones in development, birth injury or when their doctor has suggested that there are cognitive physical and intellectual deficiencies. Signs of an injury, such as admission to the NICU or the need for a CT scan or MRI following birth, may be a sign of a potential injury.

Causation is also an essential component of a successful lawsuit for birth injury. You must show that the defendant's breach of duty led to the injury to your child. If the doctor hadn't committed the breach of duty, your child would not have suffered an injury.

The majority of medical malpractice claims that involve birth injury that are settled out of court. In a settlement, defendants must agree on a dollar amount to resolve the case. The amount must reflect past and future damages. Your lawyer will consult with medical and financial experts in order to determine the appropriate amount.

Defendants

To succeed in a birth injury lawsuit, you must show that your medical provider did not meet their duty of care. This is typically done by obtaining an expert medical witness's opinion. The medical expert will look over the evidence presented in your case, which includes depositions from the doctors who were involved in your case and any medical documents. He or she will determine whether your doctor acted accordance with the appropriate standards of care for professionals with similar qualifications and experience in the circumstances.

A lawyer will also engage financial experts to assess your losses and calculate fair damages that include both present and future costs. Your attorney will discuss with the hospital or the doctor's malpractice insurer and will bring a lawsuit if necessary to obtain the maximum amount of compensation for the injuries your child sustained.

Unlike most lawsuits, birth injury cases often resolve in settlements. Settlements occur when all parties agree to pay a minimum amount of money and legal action ceases. If you do not agree to a settlement in your case, you may go to court, where a judge and jury will decide on the final outcome.

A birth injury is a serious medical problem that can have long-lasting effects on your child and the family. To ensure the best outcome it is essential to consult with an experienced birth injury lawyer who has experience of settling these claims successfully.

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 resulting needs. A severe birth injury, for instance may require years of care, frequently, it is necessary to be on call 24/7. Your lawyer will consult with medical and health experts to determine the total cost of this care and file a suitable damage claim.

In a lot of cases, a doctor or hospital's malpractice insurance company will offer to settle the matter without the necessity of litigation. In these instances the lawyer will then send an offer package that includes a detailed description of the facts and the dollar amount that you want to settle the case. The insurance company will examine the information provided and then respond by counter-offering. Your lawyer will negotiate a fair settlement with the insurance company.

If a settlement isn't reached, your lawyer can make a claim for medical negligence in the county of the injury. Depending on the circumstances, you can claim as defendants your doctor and any other hospitals or doctors involved in the birth of your child and the injury. Your attorney can gather more information after filing a lawsuit, which includes depositions, sworn statements and other evidence from witnesses, as part of a discovery process. This information will support your legal arguments.