Birth Injury Legal Help
If a child is born with an illness or injury due to medical negligence families are confronted with massive financial costs. An attorney for birth injuries can assist in obtaining compensation to cover the care costs and enhance the quality of life of a child.
Families must prove four elements to win a lawsuit claiming birth injury:
Statute of Limitations
Whatever the manner in which the injury occurred, it's important to seek legal counsel when you suspect medical negligence. This will ensure that your claim is filed within your state's statute of limitations, and that you have enough time to build a strong case and recover an appropriate amount of compensation.
A plaintiff generally has two and a half (2-1/2 years) to make a claim for medical malpractice, beginning on the date of the incident. New York law extends the deadline to 10 year for cases filed by children in the event that they have not yet reached their 18th Birthday.
To prevail in a lawsuit involving birth injuries, you must show that the defendant acted in breach of his or her duty to you and caused the injury to your child. The basis for establishing causation is expert testimony and documents that demonstrate the best practices that have been accepted by the medical community.
Your attorney 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 required documents from the insurance companies. After they have completed the procedure, they will send a demand for damages in the amount of money to the parties responsible. If they don't agree to a settlement the lawyer will start a lawsuit in court. A lawsuit is usually resolved through a trial, where each side presenting evidence and arguments before a judge and a jury.
Medical Experts
If a baby is injured during birth a birth injury the result can be devastating consequences for the family and child. It is important to get legal help as quickly as you can. This will enable the lawyer to develop a convincing case with evidence such as medical records and depositions of doctors. Attorneys can also engage an expert from a medical field to review the case and give an opinion. This is a vital step in any medical malpractice case.
Many birth injuries are difficult to prove, as the symptoms may not be evident until a long time later. Parents often don't notice them until their child misses milestones in development or their doctor declares that there are intellectual and physical deficiencies. Signs of an injury, like admission to the NICU or 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 establish that the defendant's breach in duty caused your child to suffer injury. This means that if the doctor didn't commit the breach of duty then your child wouldn't have suffered an injury.
The majority of medical malpractice cases such as birth injuries, settle out of court. In a settlement, the defendants must reach an agreement on the amount of money needed to settle the case. The amount must reflect your present and future damages. Your lawyer will work with financial and medical experts to determine a suitable amount.
Defendants
A successful
birth injury lawsuit requires the proof that your doctor breached their duty of care. This is usually accomplished by obtaining a medical expert witness' opinion. The medical expert will examine your case's evidence, including depositions of the doctors involved in your case and any medical documents. The expert will determine whether your doctor's actions are in accordance to the standard of professional practice for those who have similar qualifications, experience and circumstances.
A lawyer will also hire experts in finance to evaluate and estimate your losses, considering the past, present, and future expenses. Your lawyer will negotiate with the hospital's or 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.
As opposed to most lawsuits injuries are often resolved through settlements. Settlement occurs when all parties agree to a certain amount and stop all legal actions. If you are unable to reach a settlement in your case, the case may go to court, where a jury and judge will decide the outcome.
Birth injuries can have lasting effects on your child or family. It is important to work closely with a birth injury lawyer who has experience in handling these claims.
Settlement
Your attorney should work to get a fair settlement for your family. This will depend on the nature of your child's injuries as well as the resulting demands. For instance, a major
birth injury can lead to years of medical care, which is often throughout the day. Your lawyer will consult with specialists in medical and healthcare to know the total cost of this treatment and to submit a claim for damages that is appropriate.
In a majority of cases the hospital's or doctor's malpractice insurer will offer to settle the matter without the necessity of litigation. In these instances the lawyer will then send an offer package that includes an extensive description of the facts and a dollar amount you'd like to settle your case. The insurance company will scrutinize the information and respond to your request with a counter-offer. Your lawyer will negotiate with the insurance company to come up with the fairness of the settlement.
If a settlement isn't reached, your lawyer can make a claim for medical malpractice in the state of the injury. You may be able to include your doctor, and any other hospitals or doctors involved in the birth of your child, and also the injury, as defendants based on circumstances. Your attorney will be able to gather more information after filing an action, such as depositions and sworn testimonies from witnesses, via a discovery process. This evidence will be used to support your legal arguments.