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Birth Injury Legal Help

Families are faced with enormous cost of living when a child is born with a medically-caused injury or illness. A birth injury lawyer can help families obtain compensation to pay for medical expenses and improve the quality of life for their children.

To win a birth-related injury lawsuit, families must prove four elements:

Statute of Limitations

Whatever the manner in which the injury was sustained, it's crucial to seek legal advice whenever you suspect that medical negligence. This will ensure that your claim is filed on time for your state's statutes of limitations and that you have the time to build a solid case and receive the right amount of compensation.

In general, a person 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 in lawsuits brought on behalf of children, provided that the child is not yet their 18th birthday.

To prevail in a lawsuit involving birth injuries, you must demonstrate that the defendant acted in breach of his or her obligation to you and caused the injury to your child. Causation is established by expert testimony and evidence of the best practices that have been endorsed by the medical community.

Your lawyer will look into your case and gather all relevant evidence including medical records for you and your child. Then, they will determine potential defendants and request necessary documents from the insurance companies. Once they have completed the procedure, they will send a demand note for damages in money to the parties at fault. If they don't agree to negotiate with you, your lawyer will take action in the court. A lawsuit is usually settled by a trial where each side will present its arguments and evidence before an impartial jury and judge.

Medical Experts

A birth injury can have devastating effects on the child and his family. It is important to get legal help as quickly as possible. This will allow the lawyer to build a strong case, with evidence such as medical records and depositions of doctors. Attorneys can also engage a medical expert to review the case and provide an opinion. This is a vital aspect in any medical malpractice case.

Birth injuries can be difficult to prove since symptoms may not manifest until later. Parents may not notice birth injury law firm injuries until their child has failed to meet milestones in development, or when their pediatrician has stated that there are intellectual and physical deficiencies. Signs of an injury, like admission to the NICU, or the need for an CT scan or MRI after birth, could also be an indication of a possible injury.

Causation is yet another crucial aspect in a successful birth injury lawsuit. You must show that the defendant's breach of duty caused the injury to your child. This means that if the doctor did not violate his duty, your child wouldn't have suffered an injury.

The majority of medical malpractice cases that involve birth injuries, settle out of court. In a settlement, the defendants must agree on an amount of money to settle the case. The amount must reflect your present and future damages. Your lawyer will work with financial and medical experts to determine the right amount.

Defendants

A successful birth injury lawsuit requires the proof that your doctor has violated their duty of care. This is usually accomplished 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 as well as depositions given by the doctors involved. They will determine whether your doctor acted in conformity with the appropriate standards of care for professionals with similar qualifications and expertise under the circumstances.

A lawyer can also employ financial experts to assess your losses and estimate reasonable damages that include past, present, and future costs. Your lawyer will discuss with the hospital's physician's malpractice insurer and file a lawsuit in the event that it is necessary, to obtain the highest amount of compensation for injuries suffered by your child.

Contrary, to most lawsuits birth injury cases are typically settled. A settlement occurs when all parties agree to a certain amount and stop all legal action. If your case doesn't settle the case could go to trial where jurors and judges will decide your fate.

A birth injury is a serious medical problem that can have lasting effects on your child and family. It is important to cooperate with a birth injury lawyer who is experienced in dealing with such claims.

Settlement

Your lawyer should do everything 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 instance, a serious birth injury could require years of care, often around-the-clock. Your lawyer will consult with medical and care experts in order to determine the total cost of the care and submit a valid 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 situations the lawyer will then send the demand package, which includes an exhaustive description of the facts and the dollar amount you would like to offer to settle your case. The insurance company will review the information and respond by countering with a counteroffer. Your lawyer will work with the insurance company to decide on a fair settlement.

If no settlement is reached, your lawyer can pursue a lawsuit for medical negligence in the county of the injury. Based on the circumstances, you can identify as defendants your doctor and any other hospitals or doctors involved in the birth of your child and the injury. After the lawsuit is filed your attorney will be able to get additional information via a process called discovery, which includes depositions and the sworn testimony of witnesses. This evidence will help support your legal arguments.