Birth Injury Legal Help

If children are born with an illness or injury because of medical negligence, birth injury lawsuit families are faced with huge financial burdens. A birth injury lawyer can assist families receive compensation to cover medical expenses and improve the quality of life for their children.

Families must demonstrate four things to win a lawsuit claiming birth injury:

Statute of Limitations

Whatever the way in which the injury was sustained, it's essential to seek legal advice whenever you suspect medical negligence. This ensures that your claim is filed within your state's statute of limitations, and that you have enough time to construct a solid case and obtain the right amount of compensation.

In general, a party has two and half (2-1/2) years to file a medical malpractice lawsuit starting from the date of the occurrence of negligence. New York law extends this deadline to 10 years for lawsuits brought on behalf of children, provided that the child is not yet their 18th birthday.

To win a birth injuries lawsuit, you must demonstrate that the defendant breached their duty to you when causing your child's injuries. Causation is established by expert testimony and documents that demonstrate best practices, which have been accepted by the medical community.

Your lawyer will look into your case and collect all relevant evidence, including medical records for you and your child. They will then identify potential defendants and request necessary documents from insurance companies. Once the paperwork is completed, they'll submit a demand letter to the parties at fault for damages in cash. If they are unable to reach a settlement with your lawyer, birth injury lawsuit they will bring suit in court. A lawsuit is usually settled by a trial where each side presents 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 important to get legal help as quickly as you can. An attorney can then create an effective case based on medical records and doctor depositions. Lawyers can also request the medical expert for a opinion and look over the case. This is an essential aspect in any medical malpractice case.

Birth injuries can be difficult to prove as symptoms might not manifest until later. Parents are often unaware of the signs until their child is missing milestones in development or their doctor declares that there are physical and intellectual deficits. A potential injury could be detected by indicators such as admission to the NICU, or a need for an CT or MRI scan following the birth.

Causation is a crucial component of a successful lawsuit for birth injury. You must prove that the defendant's breach of duty led to the injury to your child. If the doctor had not committed the breach of duty, your child would not have sustained an injury.

Most medical malpractice claims, such as those involving birth injury and birth injuries, are settled outside of court. In a settlement, the defendants must agree on an amount of money to settle the matter. The amount must reflect your past and future damages. Your lawyer will consult with experts in the field of medicine and finance in order to determine the correct amount.

Defendants

In order to win a birth injury lawsuit you must show that your medical provider did not meet their duty of care. This is typically done by obtaining the opinion of medical expert witnesses. The medical expert will examine the evidence presented in your case, which includes depositions from the doctors who were involved in your case and any medical records. The expert will determine whether your doctor's actions were in accordance to the standard of practices for professionals with similar training, expertise and the circumstances.

A lawyer will also engage financial experts to assess your losses and estimate reasonable damages that account for past, present, and future costs. Your attorney will discuss with the hospital or physician's malpractice company and will bring a lawsuit if necessary to secure maximum compensation for the harms your child has sustained.

In contrast to the majority of lawsuits, birth injury cases are usually resolved in settlements. Settlements occur when all parties agree to a minimum amount of money and legal action ceases. If you do not reach a settlement in your case, it may go to court, where a judge and jury will decide on the outcome.

Birth injuries can be a long-lasting affliction on your child or your entire family. It is important to collaborate with a birth injury lawyer who has experience handling such claims.

Settlement

Your attorney must do everything possible to ensure that your family receives an appropriate settlement. It will depend on the injuries your child has suffered and the demands that result. For instance, a major birth injury could mean years of care, often 24/7. Your lawyer will consult specialists in medical and healthcare to determine the total cost of this care and to make an appropriate damage claim.

In many instances the malpractice insurance policy of a medical facility or hospital will offer to settle a matter without litigation. In these situations your lawyer will provide the demand package, which includes details of the facts and a dollar amount you'd like to settle your case. The insurance company will review your documents and respond by counter-offering. Your lawyer will work with the insurance company to determine an appropriate settlement.

If a settlement can't be reached, your attorney can bring a medical malpractice suit in the county where the incident occurred. You may be able identify your doctor, along with any other doctors or hospital involved in the birth of your child and the injury, as defendants based on circumstances. Your lawyer can gather additional information following the filing of a lawsuit, including depositions and sworn statements from witnesses, via discovery. These evidences will support your legal arguments.