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Birth Injury Legal Help

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

Families must prove four elements to win a lawsuit for birth injuries:

Statute of Limitations

No matter how the injury occurred, it's essential to seek legal advice immediately if you suspect that medical negligence. This ensures that your claim is filed within the state's statute of limitations, and that you have sufficient time to build a strong case and receive the right amount of compensation.

A person who is a plaintiff typically has two and a half (2-1/2 years) to file a lawsuit for medical malpractice. The time period begins from when the negligence occurred. New York law extends this deadline to 10 years for cases filed on behalf of children, provided the child has not reached the age of 18.

To prevail in a lawsuit involving birth injuries, you must show that the defendant acted in breach of their duty to you and caused your child's injury. Causation is established by expert testimony and documents that show best practices, which are accepted by the medical community.

Your attorney will conduct an investigation and gather the 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 the required documents from the insurance companies. Once they have completed the procedure, they will send a demand for damages in money to the parties responsible. If they do not agree to negotiate with you, your lawyer will file suit in court. A lawsuit is usually resolved by a trial where each side will present its evidence and arguments to a judge and jury.

Medical Experts

Birth injuries can have devastating consequences for the child and his family. It is important to seek legal assistance as soon as you can. This will allow the lawyer to build a strong case by using evidence, such as medical records and depositions of doctors. Lawyers may also approach a medical expert to provide an opinion and review the case. This is an essential step in any medical malpractice case.

Birth injuries can be difficult to prove since symptoms may not be apparent until later. Parents often don't notice them until their child fails to meet developmental milestones or until their pediatrician states that there are intellectual and physical deficiencies. Signs of injury, such as admission to the NICU or the need for a CT scan or MRI after birth, can be a sign of a potential injury.

Causation is yet another crucial factor in the success of a birth injury lawsuit. You must prove that the defendant's breach of duty led to the injury of your child. This means that if the doctor didn't commit the breach of duty the child would not have suffered an injury.

Most medical malpractice cases including those involving birth injuries, are settled out of court. In a settlement, defendants must reach an agreement on the amount of money needed to settle the case. The amount must reflect your present and future damages. Your lawyer will collaborate with medical and financial experts to determine the proper amount.

Defendants

A successful birth injury lawsuit will require the proof that your doctor did not fulfill their duty of care. This is usually done by obtaining a medical expert witness's opinion. The medical expert will analyze the evidence in your case including medical records and depositions of the doctors involved. He or she will determine whether your doctor acted conformity with the appropriate standard of care for professionals with similar training and expertise in the particular circumstances.

A lawyer may also consult experts in finance to assess your losses and calculate reasonable damages to account for both present and future expenses. Your lawyer will bargain with the hospital's or physician's malpractice insurer and file a lawsuit should it be necessary, to ensure the highest amount of compensation for injuries suffered by your child.

Contrary to many lawsuits birth injuries cases are generally settled. Settlement occurs when all parties agree on a certain amount and stop any legal action. If your case is unable to come to a settlement then it could be referred to trial, where the jury and a judge will decide your fate.

A birth injury can cause long-lasting harm to your child or your family. It is essential to collaborate with a birth injury lawyer who has experience dealing with such claims.

Settlement

Your attorney should do everything possible to ensure that your family receives an appropriate settlement. It will depend on the injuries your child has suffered and the subsequent needs. For example, a severe birth injury could mean years of care, often 24/7. Your lawyer will consult medical and health experts to determine the amount of care required and file an appropriate claim.

In a majority of cases, a doctor or hospital's malpractice insurer will offer to settle the case without the need for litigation. In these cases the lawyer will then send an order package with an extensive description of the facts and the dollar amount that you want to settle the case. The insurer will review your documents and respond by counter-offering. Your lawyer will work with the insurance company to determine the fairness of the settlement.

If a settlement is not reached, your attorney can file a medical malpractice lawsuit in the county where the injury occurred. You could be able to name your doctor, along with any other hospital or doctor involved in the birth of your child and the injury as defendants based on circumstances. After filing the lawsuit your attorney will be able to get additional information via the process of discovery, which can include depositions and the sworn testimony of witnesses. This evidence can be used to support your legal arguments.