Birth Injury Legal Help

If the child is born with an illness or injury due to medical negligence, families are confronted with massive financial burdens. A birth injury attorney can assist in obtaining compensation that will cover expenses and improve a child's quality of life.

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

Statute of Limitations

Regardless of how the injury was sustained, it's crucial to seek legal advice when you suspect that medical negligence. This ensures that your claim is filed within the state's statute of limitations, as well as that you have enough time to construct a solid claim and get an appropriate amount of compensation.

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

To win a birth injuries lawsuit, you must prove that the defendant violated their obligation to you by creating injuries for your child. Causation is usually established through expert testimony and evidence demonstrating the best practices, which are widely accepted by the medical professionals.

Your attorney will investigate and gather the relevant evidence in your case including medical records as well as tests results from both you and your child. They will then identify potential defendants and request required documents from the insurance companies. After they have completed the process, they will send a demand note for damages in the amount of money to the parties responsible. If they refuse to negotiate with your lawyer, they will bring suit in the court. A lawsuit is usually resolved through a trial, where each side presents its evidence and arguments to jurors and judges.

Medical Experts

When a baby suffers from an injury at birth the result can be devastating effects for the baby and his family. It is crucial to seek legal help as soon as possible. This will enable the lawyer to develop a convincing case, based on evidence such as medical records and depositions of doctors. Attorneys can also engage an expert in medical to review the case and offer an opinion. This is an essential aspect in any medical malpractice case.

Many birth injuries are difficult to prove since the symptoms might not be evident until a long time later. Parents may not be aware of birth injuries until their child has missed milestones in development, or when their pediatrician has determined that they have intellectual and physical deficiencies. Signs of an injury, such as admission to the NICU or a need for an CT scan or MRI after birth, can be a sign of a potential injury.

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

The majority of medical malpractice claims like those involving birth injury attorneys injury or birth injury, are settled out of court. In a settlement agreement, the defendants must reach a consensus on a price to settle the claim. The amount must reflect your past and future damages. Your lawyer will work with financial and medical experts to determine the right amount.

Defendants

A successful birth injury lawyer injury lawsuit needs proving that your medical professional breached their duty of care. This is typically done by seeking the opinion of an expert witness in the field of medicine. The medical expert will analyze the evidence in your case, including medical records as well as depositions of the doctors involved. They will determine whether your doctor acted in accordance with the appropriate standard of care required for professionals with similar training and expertise in the particular circumstances.

A lawyer can also engage experts in finance to analyze and calculate your losses considering past, current, and future expenses. Your lawyer will engage with the hospital's medical malpractice insurer and file a lawsuit, when necessary, to get the maximum amount of compensation for injuries sustained by your child.

Unlike most lawsuits, birth injury cases are usually resolved in settlements. A settlement occurs when all parties agree to pay a certain amount of money and legal proceedings cease. If your case is unable to come to a settlement, it may go to trial, and an arbitrator and judge will decide on your fate.

A birth injury is a serious medical condition that can have long-lasting effects on your child and family. To achieve the best results it is important to partner with a seasoned birth injury attorney who has proven track record of successfully settling such claims.

Settlement

Your attorney must do everything possible to ensure that your family receives an appropriate settlement. It will depend on the injuries your child has suffered and the needs that result from them. For example, a severe birth injury could result in years of medical care, which is often all-hours-of-the-day. Your lawyer will consult medical and care experts in order to determine the amount of care required, and make an appropriate claim.

In many cases, the malpractice insurance of a doctor or hospital will offer to settle a matter without litigation. In these situations the lawyer will then send the demand package, which includes a detailed description of the facts and a dollar amount that you want to settle your case. The insurance company 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.

When a settlement cannot be agreed upon, your attorney may make a claim for medical malpractice in the county in which the injury occurred. Depending on the circumstances, you can name as defendants your doctor and any other hospitals or doctors involved in the birth of your child and the injury. Once the lawsuit is filed your attorney will be able to get more information through the process of discovery, which can include depositions and the sworn testimony of witnesses. This evidence will support your legal arguments.