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Birth Injury Legal Help

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

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

Statute of limitations

It is essential to speak with a lawyer whenever you suspect medical malpractice. This will ensure that your claim is filed on time for your state's statutes limitations and that you have enough time to construct a strong claim and get an appropriate amount of compensation.

A person generally has two and a half (2-1/2 years) to file a lawsuit for medical malpractice, starting from the date the negligence occurred. New York law extends the deadline to 10 years for cases brought by children if they have not yet reached the age of 18.

To win a birth injury lawsuit, you have to prove that the defendant breached their obligation to you by causing your child's injuries. The basis for establishing causation is expert testimony and evidence of 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 determine potential defendants and request the necessary documents from their insurance companies. Once they have all the documents, they will send a demand letter to the parties at fault for damages in the form of money. If they do not agree to negotiate, your lawyer will begin a lawsuit in the courtroom. A lawsuit is usually settled through a trial during which each side is required to present its arguments and evidence before jurors and judges.

Medical Experts

If a baby is affected by injuries to the birth process the result can be devastating consequences for the child and family. It is important to seek legal advice as early as you can. This will allow the attorney to build a strong case, based on evidence such as medical records and depositions by doctors. A lawyer can also ask a medical expert for an opinion and to review the case. This is a crucial step in any medical malpractice case.

Birth injuries aren't always easy to prove as symptoms might not be evident until later. Parents often don't notice the signs until their child is missing developmental milestones or until their pediatrician declares that there are intellectual and physical deficits. A possible injury can be detected through symptoms such as an admission to the NICU, or a need for a CT or MRI scan following the birth.

Causation is a crucial element in a successful lawsuit for birth injury. You must show that the defendant's failure in duty caused your child's injury. This means that if the doctor didn't make the breach of duty, your child wouldn't have been injured.

The majority of medical malpractice cases, including those involving birth injuries, are settled out of court. In a settlement agreement, the defendants have to reach a consensus on a price in order to resolve the claim. The amount must reflect both past and future damages. Your lawyer will consult with financial and medical experts to determine the correct 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 usually done by obtaining the opinion of an expert witness in the field of medicine. The medical expert will review the evidence in your case, including medical records and depositions made by the doctors involved. He or she will establish whether your doctor acted in accordance with the proper standards of care for doctors with similar training and expertise in the particular circumstances.

A lawyer will also engage financial experts to analyze your losses and estimate reasonable damages that include the past, present and future expenses. Your lawyer will discuss with the hospital or the doctor's malpractice insurer and will bring a lawsuit if necessary to ensure maximum compensation for the injuries your child sustained.

In contrast to the majority of lawsuits, birth injury lawyers injury cases often resolve in settlements. A settlement occurs when all parties agree on the amount they want and then stop any legal action. If you do not reach a settlement agreement in your case, the case could be taken to court where a judge and jury will decide on the outcome.

A birth injury is a serious medical problem that can have long-lasting effects for your child and family. It is important to work closely with a birth injury lawyer who is familiar with handling these claims.

Settlement

Your lawyer should help secure a full settlement for your family. It will depend on the injuries your child has suffered, and the resulting needs. A serious birth injury, for instance can require years of care, often, round-the-clock. Your lawyer will consult with medical and care experts to determine the total cost of the care and make an appropriate damage claim.

In many cases the malpractice insurance of a medical facility or hospital will offer to settle a matter without litigation. In these cases your lawyer will provide a demand package containing a detailed description of the facts and a dollar amount that you propose to settle the case. The insurer will review your details and respond by counter-offering. Your lawyer will negotiate with the insurance company to decide on the fairness of the settlement.

If a settlement is not reached, your lawyer can make a claim for medical malpractice in the county of the injury. You may be able to name your doctor, as well as any other doctors or hospital involved in the birth of your child and the injury, as defendants based on circumstances. When the lawsuit is filed, your attorney can obtain additional information via the process known as discovery, which includes depositions as well as the sworn testimony of witnesses. This evidence can be used to support your legal arguments.