Birth Injury Legal Help
When a child is born with an illness or injury due to medical negligence families are confronted with massive financial costs. A
birth injury lawyer can assist families secure compensation to cover medical expenses and improve the quality of life for their children.
Families must prove four elements to prevail in a lawsuit for birth injuries:
Statute of Limitations
It is important to consult an attorney as soon as you can if you suspect medical malpractice. This ensures that your claim is filed within the state's statute of limitations, and that you have enough time to create a strong case and receive an appropriate amount of compensation.
In general, a person has two and two-and-a-half (2-1/2) years to file a medical malpractice lawsuit starting from the date of the occurrence of negligence. New York law extends the deadline to 10 years in lawsuits brought by children if 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 causing your child's injuries. The cause of the injury is usually determined by using expert testimony and evidence demonstrating the best practices, which are widely accepted by the medical profession.
Your lawyer will investigate and gather all evidence relevant to your case including medical records and test results from both you and your baby. They will then identify potential defendants and obtain the necessary documents from their insurance companies. Once complete, they will send a demand notice to the at-fault parties asking for damages in cash. If they are unable to reach a settlement with your lawyer, they will bring suit in court. A lawsuit is usually settled through a trial, where each side is required to present its evidence and arguments before a judge and jury.
Medical Experts
A birth injury can cause devastating harm to the child and
birth injury lawyer his family. It is imperative to seek legal assistance as soon as possible. The lawyer can then construct an evidence-based case using medical records and doctor depositions. Lawyers can also request an expert in medical to review the case and provide an opinion. 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 may not realize they have injuries until their child has missed developmental milestones, or until their pediatrician has indicated that there are intellectual and physical limitations. Signs of an injury, such as admission to the NICU or a need for an CT scan or MRI after birth, could also indicate a possible injury.
Causation is another key aspect 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 hadn't committed the breach of duty, your child would not have sustained an injury.
The majority of medical malpractice cases, including those involving birth injuries, are settled outside of court. In a settlement agreement, the parties have to agree on a dollar value in order to resolve the matter. The amount must reflect your past and future damages. Your lawyer will collaborate with medical and financial experts to determine the proper amount.
Defendants
To win a birth injury lawsuit, you must demonstrate that your medical professional violated their duty of care. This is typically done by obtaining an expert medical witness' opinion. The medical expert will review the evidence in your case, including any medical records and depositions taken by doctors involved. He or she will decide whether your doctor's actions were in accordance to the appropriate standard of practices for professionals who have similar qualifications, experience and circumstances.
A lawyer can also employ experts in finance to assess your losses and calculate reasonable damages that take into account the past, present and future costs. Your attorney will negotiate with the hospital or the doctor's malpractice insurer and will make a claim if needed to obtain the maximum amount of compensation for the injuries your child sustained.
Contrary to many lawsuits birth injury cases are typically settled. Settlements occur when all parties agree to pay a set amount of money, and all legal action stops. If your case doesn't reach a settlement, it may be referred to trial, where an arbitrator and judge will decide the outcome.
A birth injury could have long-lasting effects on your child or your family. It is important to work closely with a birth injury lawyer who has experience in handling such cases.
Settlement
Your lawyer should help obtain a fair settlement for your family. It will depend on the injuries your child has suffered and the demands that result. For instance, a serious
birth injury law firm injury could mean years of care, usually throughout the day. Your lawyer will consult with medical and health experts to determine the total cost of this care, and make an appropriate claim.
In many instances doctors or hospitals' malpractice insurance company will offer to settle the case without the necessity of litigation. In these cases your lawyer will provide an offer package that includes an extensive description of the facts and a dollar amount that you propose to settle your case. The insurance company will examine the information and respond with a counteroffer. Your lawyer will work with the insurance company in order to reach the fairness of the settlement.
If a settlement isn't reached, your lawyer may make a claim for medical negligence in the county of the injury. You may be able to include your doctor, as well as any other hospital or doctor involved in the birth of your child and the accident, as defendants depending on the circumstances. After the lawsuit is filed and your lawyer is able to obtain additional information via an investigation process known as discovery which includes depositions as well as witness testimony sworn by witnesses. The evidence you gather will help support your legal arguments.
