Birth Injury Legal Help
When the child is born with an injury or illness due to medical negligence, families are faced with huge financial burdens. A birth injury attorney can assist in obtaining compensation that will cover costs and enhance 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 occurred, it's essential to seek legal advice as soon as you suspect that medical negligence. This will ensure that your claim is filed within your state's statute of limitations, and that you have sufficient time to create a strong claim and get the right amount of compensation.
A person who is a plaintiff typically has two and half (2-1/2 years) to pursue a lawsuit based on medical malpractice, starting from when the negligence occurred. New York law extends this deadline to 10 years in cases brought on behalf of a child, provided that the child has not yet reached their 18th birthday.
To win a birth injury lawsuit, you must show that the defendant breached their duty to you when inflicting injuries on your child. Causation is typically established through evidence from experts and documents that demonstrate the best practices, which are generally accepted in the medical community.
Your lawyer will conduct an investigation and collect all relevant evidence in your case including medical records as well as test results from both you and your baby. They will then determine potential defendants and request the necessary documents from their insurance companies. Once they have completed the process, they'll send a demand letter requesting damages in cash to the parties responsible. If they are unable to reach a settlement with your lawyer, they will sue in court. A lawsuit is usually settled by a trial in which each side presents its evidence and arguments to a judge and jury.
Medical Experts
If a child suffers a birth injury the result can be devastating consequences for the baby and his family. It is essential to seek legal help as soon as possible. The lawyer will then be able to construct an effective case based on medical records and doctor depositions. Lawyers can also request an expert medical professional to give an opinion or review the case. This is a vital aspect in any medical malpractice case.
Birth injuries can be difficult to prove because symptoms may not be evident until later. Parents are often unaware of the signs until their child is missing developmental milestones or until their pediatrician declares that there are physical and intellectual deficits. A potential injury could be indicated by symptoms such as an admission to the NICU, or the need for a CT or MRI scan following the birth.
Causation is a crucial element in the success of a
birth injury lawsuit. You must prove that the breach of duty by the defendant caused your child's injury. This means that if the doctor didn't commit the breach of duty, your child wouldn't have suffered an injury.
Most medical malpractice cases including those involving birth injury or birth injury, are settled out of court. In a settlement, defendants must agree on an amount of money to settle the case. The amount must reflect your present and future damages. Your lawyer will consult with experts in financial and medical fields to determine the right amount.
Defendants
A successful birth injury lawsuit will require proving that your medical professional violated his or her duty of care. This is typically done by obtaining an expert medical witness's opinion. The medical expert will analyze the evidence in your case, including medical records and depositions given by the doctors involved. The expert will determine whether your doctor's actions were in accordance to the appropriate standards of procedure for professionals who have similar qualifications, experience and context.
Lawyers also employ experts in finance to analyze and calculate your losses, considering the past, present and future costs. Your lawyer will bargain with the hospital or physician's malpractice company and initiate a lawsuit, if necessary, 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 on a specific amount and stop any legal action. If your case is unable to come to a settlement then it could be referred to trial, where the jury and a judge will decide the outcome.
A birth injury is a serious medical issue that can have lasting effects on your child and the family. For the best results it is important to choose a skilled birth injury lawyer with a experience of settling these claims successfully.
Settlement
Your lawyer should do everything possible to ensure that your family receives an amount that is fair. This will depend on the nature of your child's injuries and the subsequent needs. For instance, a major
birth injury attorneys injury could result in years of care, usually 24/7. Your lawyer will talk to medical and care experts to know the total cost of the care and file a suitable damage claim.
In many cases the hospital's or doctor's malpractice insurance company will offer to settle the case without the necessity of litigation. In these instances your lawyer will provide an order package with a detailed description of the facts and the dollar amount you'd like to settle your case. The insurance company will scrutinize your details and respond with a counter-offer. Your lawyer will work with the insurance company to come up with a fair settlement.
If a settlement is not reached, your attorney can file a medical malpractice lawsuit in the county where the incident occurred. Depending on the circumstances, you can include as defendants your physician and any other doctors or hospitals involved in the birth of your child and the injury. Your lawyer can gather additional information after filing an action, such as depositions and sworn statements from witnesses, through a discovery process. These evidences will support your legal arguments.