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Birth Injury Legal Help

If a child is born with an illness or injury because of medical negligence, families have to deal with enormous financial costs. A birth injury lawyer can assist families obtain compensation to pay for medical expenses and improve the quality of life for their children.

To prevail in a birth injury lawsuit, families must demonstrate four things:

Statute of Limitations

It is important to consult a lawyer as soon as you can if you suspect medical malpractice. This will ensure that your claim is filed within the timeframe for the statutes of limitations and that you have sufficient time to develop a solid claim and get the right amount of compensation.

A plaintiff generally has two and a half (2-1/2 years) to file a lawsuit for medical malpractice, beginning on when the negligence occurred. New York law extends the time limit to 10 years for cases brought by children in the event that they have not yet reached their 18th Birthday.

To win a birth injuries lawsuit, you must prove that the defendant breached their obligation to you by inflicting injuries on your child. The basis for establishing causation is expert testimony and documents that show the best practices and have been accepted by the medical community.

Your lawyer will investigate your case and collect all relevant evidence including medical records for you and your child. They will also identify potential defendants and collect the required documents from their insurance companies. Once they have completed the process, they will send a demand letter for damages in money to the parties at fault. If they are unable to reach a settlement with your lawyer, they will take action in court. A lawsuit is generally resolved through a trial, with each side presenting its evidence and arguments to a judge and jury.

Medical Experts

Birth injuries can have devastating effects on the child and his family. It is imperative to seek legal assistance as early as you can. The lawyer can then construct an effective case based on medical records and depositions of doctors. A lawyer can also ask an expert medical professional for an opinion and to analyze the case. This is a crucial aspect in any medical malpractice case.

Many birth injuries are difficult to prove, because the signs may not be evident until a long time later. Parents may not notice them until their child has missed developmental milestones or until their pediatrician states that there are intellectual and physical deficiencies. A potential injury could be identified by indicators such as admission to the NICU or a need for a CT or MRI scan following the birth.

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

The majority of medical malpractice claims such as birth injuries, are settled outside of court. In a settlement agreement, the defendants must be able to agree on a specific dollar amount to settle the matter. The amount must reflect 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

A successful birth injury lawsuit will require proving that your medical professional has violated their duty of care. This is usually done by seeking the opinion of a medical expert witness. The expert will look over the evidence in your case, including medical records as well as depositions taken by doctors involved. They will determine whether your doctor acted accordance with the proper standard of care required for professionals who have similar training and expertise under the circumstances.

A lawyer can also employ experts in finance to assess your losses and estimate reasonable damages that account for the present, past, and future expenses. Your lawyer will negotiate with the hospital or physician's malpractice company and initiate a lawsuit, if necessary, to ensure maximum compensation for the injuries your child sustained.

Unlike most lawsuits, birth injury cases usually end in settlements. Settlement occurs when all parties agree to the amount they want and then stop all legal actions. If your case doesn't reach a settlement then it could be referred to trial, where jurors and judges will decide the outcome.

A birth injury could have long-lasting effects on your child or your entire family. It is crucial to cooperate with a birth injury lawyer who has experience in handling such cases.

Settlement

Your lawyer must do all possible to ensure that your family receives an equitable settlement. It will depend on the severity of your child's injuries and the subsequent needs. For instance, a major birth injury could require years of care, often throughout the day. Your lawyer will consult with medical and medical experts to determine the total cost of this treatment and file an appropriate claim.

In many instances, a doctor or hospital's malpractice insurer will offer to settle the matter without the need for litigation. In these cases your lawyer will file a demand package that contains a full description of the facts of your case as well as a proposed dollar amount to settle the matter. The insurer will review the information and respond with a counter offer. Your lawyer will negotiate with the insurance company in order to reach an appropriate settlement.

If a settlement is not reached, your attorney can make a claim for medical malpractice in the county where the incident occurred. Based on the circumstances, you can name as defendants your doctor and any other hospitals or doctors involved in your child's birth and the injury. When the lawsuit is filed the attorney can get additional information via the process of discovery, that includes depositions, as well as sworn testimony from witnesses. This evidence can be used to support your legal arguments.