Birth Injury Legal Help

Families face huge financial burdens when a baby is born with a medically triggered injury or illness. An attorney for birth injuries can assist in obtaining compensation to cover the care expenses and improve a child's quality of life.

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

Statute of Limitations

It is crucial to speak with an attorney whenever you suspect medical negligence. This will ensure that your claim is filed in time for your state's statutes limitations and that you have the time to create a strong case and recover an appropriate amount of compensation.

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

To win a birth injuries lawsuit, you must show that the defendant violated their obligation to you creating injuries for your child. The cause of the injury is determined by expert testimony and documents that demonstrate best practices, which are accepted 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 identify potential defendants and request the necessary documents from the insurance companies. Once they have completed the process, they will send a demand letter requesting damages in cash to the parties who are at fault. If they do not agree to negotiate with you, your lawyer will sue in court. A lawsuit is usually resolved through a trial, with each side presenting its evidence and arguments before a jury and judge.

Medical Experts

Birth injuries can have devastating consequences for the child and his family. It is imperative to seek legal advice as early as you can. This will allow the attorney to construct a strong case, by using evidence, such as medical documents and depositions of doctors. A lawyer can also ask the medical expert to give an opinion or review the case. This is an essential part of any medical malpractice case.

Many birth injuries are difficult to prove because the signs might not manifest until much later. Parents may not recognize birth injuries until their child has failed to meet developmental milestones, or their pediatrician has indicated that their child has intellectual and physical deficits. Signs of an injury, Birth Injuries such as admission to the NICU, or the need for an CT scan or MRI after birth, could be a sign of a potential injury.

Causation is another crucial component of a successful lawsuit for birth injuries. You must show that the defendant's failure in duty caused your child's injuries. If the doctor had not committed the breach of duty, your child would not have sustained an injury.

The majority of medical malpractice claims, including those involving birth injuries, are settled out of court. In a settlement agreement, the defendants have to reach an agreement on a dollar amount to settle the case. The amount must reflect both past and future damages. Your lawyer will consult with medical and financial experts in order to determine the proper amount.

Defendants

A successful birth injury lawsuit requires proving that your medical professional has violated their duty of care. This is typically accomplished by obtaining the opinion of medical expert witnesses. The medical expert will review the evidence in your case, including depositions of the doctors who were involved in your case, as well as medical records. The expert will determine whether your doctor acted accordance with the appropriate standards of care for professionals with similar qualifications and experience under the circumstances.

An attorney will also work with financial experts to analyze your losses and estimate reasonable damages that take into account the past, present and future expenses. Your lawyer will engage with the hospital's physician's malpractice insurance and file a lawsuit, if necessary, to secure the highest amount of compensation for injuries suffered by your child.

Contrary to most lawsuits, birth injuries cases are often settled. A settlement occurs when all parties reach an agreement on a certain amount and stop all legal action. If you are unable to reach a settlement in your case, it may go to court, where a judge and jury will decide on the final outcome.

Birth injuries can cause long-lasting harm to your child or family. It is crucial to collaborate with an attorney for birth injuries who is experienced in handling such cases.

Settlement

Your lawyer should do everything possible to ensure that your family receives an appropriate settlement. It will depend on your child's injuries and the demands that result. For example, a severe birth injury could require many years of treatment, often 24/7. Your lawyer will talk to medical and health professionals to assess the total cost of this care and make an appropriate damage claim.

In many cases the malpractice insurance of a doctor or hospital will offer to settle a matter without litigation. In these instances the lawyer you choose to use will submit a demand package that contains an exhaustive description of the facts of your case along with a suggested amount of money to settle it. The insurer will review the information and respond by countering with a counteroffer. Your lawyer will negotiate with the insurance company to determine an appropriate settlement.

When a settlement cannot be reached, your attorney may pursue a medical malpractice lawsuit in the county in which the injury occurred. You could be able to include your doctor, as well as any other hospitals or doctors involved in the birth injury lawyers of your child and the injury, as defendants based on the circumstances. Your lawyer will gather additional information after filing a lawsuit, including depositions and sworn statements from witnesses, through discovery. The evidence you gather will help support your legal arguments.