Birth Injury Legal Help
When a child is born suffering from an illness or injury because of medical negligence, families have to deal with enormous financial burdens. A
birth injury attorney can assist in obtaining compensation to cover medical expenses and improve a child's quality of life.
To win a birth-related injury lawsuit, families must demonstrate four things:
Statute of limitations
Whatever the way in which the injury was sustained, it's essential to seek legal advice immediately if you suspect medical negligence. This will ensure that your claim is filed in time for your state's statutes limitations and you will have enough time to build a solid claim and get an appropriate amount of compensation.
A claimant generally has two and a half (2-1/2 years) to pursue a lawsuit based on medical malpractice, starting from the date that the malpractice occurred. New York law extends this deadline to 10 years in cases brought on behalf children, provided that the child is not yet the age of 18.
To prevail in a birth injury lawsuit, you have to prove that the defendant violated their obligation to you by inflicting injuries on your child. The cause of the injury is determined by expert testimony and evidence that demonstrates the best practices that have been accepted by the medical community.
Your attorney will conduct an investigation and gather any relevant evidence to your case including medical records and tests results from both you and your baby. They will then find potential defendants and get the required documents from their insurance companies. After completing the process, they will submit a demand letter to the at-fault parties for damages in the form of money. If they refuse to negotiate, your lawyer will begin a lawsuit in the courtroom. A lawsuit is usually settled by a trial, in which both sides presenting their evidence and arguments before a jury and judge.
Medical Experts
If a baby is injured during birth injuries to the birth process and suffers a devastating effects for the family and child. It is imperative to seek legal advice as soon as possible. This will allow the attorney to build a strong case, by using evidence, such as medical records and depositions of doctors. A lawyer can also ask the medical expert to provide an opinion and review the case. This is an essential step in any medical malpractice case.
Many
birth injury law firm injuries are difficult to prove because the signs may not manifest until much later. Parents may not realize they have injuries until their child has missed developmental milestones, or until their pediatrician has indicated that there are cognitive and physical deficits. Signs of an injury, such as admission to the NICU or a need for a CT scan or MRI after birth, can be a sign of an injury.
Causation is another key aspect in a successful birth injury lawsuit. You must show that the breach of duty by the defendant caused the injury of your child. If the doctor hadn't committed the breach of duty, your child would not have suffered an injury.
The majority of medical malpractice cases such as birth injuries, settle outside 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 past and future damages. Your lawyer will consult with experts in financial and medical fields in order to determine the right amount.
Defendants
To succeed in a birth injury lawsuit, you must show that your medical provider did not meet their duty of care. This is usually accomplished by obtaining a medical expert witness's opinion. The medical expert will analyze the evidence in your case, including any medical records and depositions of the doctors involved. He or she will determine whether your doctor's actions are in accordance to the appropriate standard of practices for professionals who have similar qualifications, experience and the circumstances.
A lawyer will also hire financial experts to evaluate and estimate your losses, taking into account the past, present, and future expenses. Your lawyer will discuss with the hospital's physician's malpractice insurer and file a lawsuit, should it be necessary, to ensure the highest amount of compensation for injuries suffered by your child.
Contrary to most lawsuits,
birth injury cases usually end in settlements. Settlement occurs when all parties agree on an amount and cease any legal actions. If your case doesn't come to a settlement, it may go to trial, where the jury and a judge will decide on your fate.
A birth injury could cause long-lasting harm to your child or family. It is essential to be in close contact with a birth injury lawyer who has experience handling such cases.
Settlement
Your attorney should be working to obtain a fair settlement for your family. It will depend on your child's injuries and the needs that result from them. For example, a severe birth injury can lead to years of care, often 24/7. Your lawyer will consult with medical and care experts in order to determine the total cost of this treatment, and make an appropriate claim.
In a lot of cases, a doctor or hospital's malpractice insurance company will offer to settle the matter without the need for litigation. In these cases, your lawyer will send a demand package containing an extensive description of the facts and the dollar amount that you want to settle the case. The insurance company will scrutinize the information and respond with a counter offer. Your lawyer will work with the insurance company to come up with the most fair settlement.
If no settlement is reached, your lawyer can pursue a lawsuit for medical malpractice in the state of the injury. You may be able identify your doctor, and any other doctors or hospital involved in the birth of your child and the accident, as defendants based on the circumstances. Your lawyer will gather additional information after filing a lawsuit, which includes depositions and sworn testimonies from witnesses, through the discovery process. This evidence can be used to support your legal arguments.