Birth Injury Legal Help

When children are born with an injury or illness due to medical negligence, families are confronted with massive financial costs. A birth injury attorney can help secure compensation that will cover expenses and improve the quality of life for a child.

To win a birth injury lawyers-related injury lawsuit, families must demonstrate four things:

Statute of Limitations

It is essential to speak with an attorney immediately if you suspect medical negligence. This will ensure that your claim is filed within the state's statute of limitations, as well as that you have sufficient time to construct a solid claim and get an appropriate amount of compensation.

In general, a claimant has two and two-and-a-half (2-1/2) years to file a medical malpractice lawsuit from the date of the act of negligence. New York law extends this deadline to 10 years in cases filed on behalf of a child, provided that the child has not yet reached the age of 18.

To be successful in a lawsuit against birth injuries, you need to prove that the defendant violated their duty to you and caused your child's injury. The basis for establishing causation is expert testimony and documents that show 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 obtain the necessary documents from their insurance companies. Once they have all the documents, they will submit a demand letter to the at-fault parties asking for monetary damages. If they do not agree to negotiate with you, your lawyer will sue in court. A lawsuit is usually settled by a trial in which each side will present its evidence and arguments before a judge and jury.

Medical Experts

Birth injuries can cause devastating harm to the child and his family. It is crucial to seek legal help as quickly as you can. This will allow the lawyer to develop a convincing case, based on evidence such as medical documents and depositions of doctors. Lawyers may also approach an expert medical professional to give an opinion or examine the case. This is a crucial element in any medical malpractice lawsuit.

Many birth injuries are difficult to prove since the symptoms might not manifest until much later. Parents may not be aware of birth injuries until their child has failed to meet developmental milestones or their pediatrician has stated that they have intellectual and physical deficiencies. Signs of an injury, like admission to the NICU or a need for a CT scan or MRI after birth, can be a sign of an injury.

Causation is an additional factor in the success of a birth injury lawsuit. You must establish that the defendant's breach in duty caused your child to suffer injury. If the doctor had not committed the breach of duty, your child would not have sustained an injury.

The majority of medical malpractice cases that involve birth injuries, are settled outside of court. In a settlement agreement, the defendants must reach an agreement on a dollar amount to settle the matter. The amount must reflect both past and future damages. Your lawyer will consult with medical and financial experts in order to determine the right amount.

Defendants

A successful birth injury lawsuit; check out this one from 3sv, will require the proof that your doctor did not fulfill their duty of care. This is usually accomplished by obtaining an expert medical witness' opinion. The expert will look over the evidence in your case including medical records as well as depositions made by the doctors involved. He or she will establish whether your doctor's actions were in accordance with the proper standards of care for doctors with similar qualifications and experience in the particular circumstances.

A lawyer may also employ financial experts to evaluate and calculate your losses, considering the past, present, and future expenses. Your lawyer will negotiate with the hospital's or medical malpractice insurer and file a lawsuit if necessary, to secure the maximum amount of compensation for injuries sustained by your child.

Unlike most lawsuits, birth injuries are often resolved through settlements. A settlement occurs when all parties agree to a certain amount of money and legal proceedings cease. If you are unable to reach a resolution in your case, your case could be taken to court where a judge and jury will decide on the outcome.

A birth injury is a serious medical issue which can have lasting consequences for your child and family. To ensure the best outcome it is important to partner with a seasoned birth injury lawyer who has an established track record of successfully handling such claims.

Settlement

Your lawyer must do all possible to ensure that your family receives an equitable settlement. This will depend on the severity of your child's injuries and the subsequent needs. For instance, a serious birth injury could result in years of care, usually all-hours-of-the-day. 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 many instances the malpractice insurance of a doctor or hospital will offer the option of settling a case with no litigation. In these instances your lawyer will file an offer package that includes a full description of the details of your case and a proposed dollar amount to settle the matter. The insurance company will examine your details and respond with a counter-offer. Your lawyer will negotiate an acceptable settlement with the insurance company.

If a settlement cannot be agreed upon, your lawyer could bring a lawsuit against a medical negligence in the county that caused the injury. You may be able name your doctor, along with any other hospital or birth injury lawsuit doctor involved in the birth of your child, and also the injury, as defendants, based on the circumstances. Your lawyer will gather additional information after filing a lawsuit, which includes depositions, sworn statements and other evidence from witnesses, through discovery. The evidence you gather will help support your legal arguments.