Birth Injury Legal Help

When a child is born with an illness or injury due to medical negligence, families are faced with huge financial burdens. A birth injury lawyer can assist families obtain compensation to pay for medical expenses and improve the quality of life for their children.

Families must prove four things to win a lawsuit for birth injury:

Statute of limitations

No matter how the injury was sustained, it's important to seek legal counsel when you suspect medical negligence. This will ensure that your claim is filed within the timeframe to comply with your state's statutes limitations and you will have enough time to build a solid case and obtain the right amount of compensation.

A person generally has two and half (2-1/2 years) to bring a lawsuit for medical malpractice. The time period begins from the date that the malpractice occurred. New York law extends this time limit to 10 years for lawsuits brought on behalf of children, provided that the child has not yet reached the age of 18.

To win a birth injuries lawsuit, you must show that the defendant breached their obligation to you by causing your child's injuries. The way to establish causation is usually by using expert testimony and evidence demonstrating best practices, which are generally accepted by the medical professionals.

Your attorney will investigate your case and collect all relevant evidence including medical records for you and your child. Then, they will determine potential defendants and request required documents from insurance companies. After completing the process, they will submit a demand letter to the at-fault parties for damages in cash. If they do not agree to negotiate the lawyer will bring a lawsuit to court. A lawsuit is usually settled through a trial, where each side will present its evidence and arguments in front of an impartial jury and judge.

Medical Experts

birth injury law firm injuries can have devastating effects on the child and birth injury his family. It is important to get legal help as quickly as possible. The lawyer can then construct a solid case based on medical records and doctor depositions. Lawyers can also request an expert from a medical field to review the case and offer an opinion. This is a crucial step for any claim involving medical malpractice.

Many birth injuries are difficult to prove, because the signs may not show up until much later. Parents usually don't realize they have them until their child has missed milestones in their development or when their pediatrician declares that there are intellectual and physical limitations. A potential injury could be detected by signs such as admission to the NICU, or the need for a CT or MRI scan following the birth.

Causation is an additional factor in a successful birth injury lawsuit. You must show that the breach of duty by the defendant caused the injury to your child. If the doctor hadn't committed the breach of duty, your child would not have suffered an injury.

Most medical malpractice cases, such as those involving birth injuries, are settled out of court. In a settlement, the defendants must reach an agreement on an amount of money to settle the case. The amount must reflect your present and future damages. Your lawyer will consult with medical and financial experts to determine a suitable amount.

Defendants

A successful birth injury lawsuit needs establishing that your medical provider did not fulfill their duty of care. This is typically done by obtaining a medical expert witness's opinion. The expert medical examines the evidence of your case, including depositions from the doctors involved in your case as well as any medical records. The expert will determine whether your doctor acted according to the standard of professional practice for those with similar training, expertise and context.

A lawyer may also consult financial experts to assess your losses and estimate reasonable damages that account for the past, present and future costs. Your lawyer will negotiate with the hospital or physician's malpractice carrier and file a lawsuit if necessary to ensure maximum compensation for the injuries your child sustained.

Contrary to many lawsuits birth injuries cases are usually settled. Settlement occurs when all parties agree on a specific amount and stop all legal actions. If your case fails to reach a settlement or settlement, Birth injury it will be referred to trial, where jurors and judges will decide on your fate.

A birth injury can be a long-lasting affliction on your child or your entire family. To ensure the best outcome, it is important to partner with a seasoned birth injury lawyer who has experience of success in handling these claims.

Settlement

Your lawyer should do everything possible to ensure that your family receives a fair settlement. This will depend on the severity of your child's injuries as well as the resulting demands. For instance, a major birth injury could result in years of care, usually throughout the day. Your lawyer will speak with medical and health experts to know the total cost of this care and submit a claim for damages that is appropriate.

In many cases the malpractice insurance policy of a medical facility or hospital will offer the possibility of settling a case without litigation. In these cases the lawyer will then send a demand package containing an exhaustive description of the facts and a dollar amount you would like to offer to settle the case. The insurer will review your documents and respond with a counter-offer. Your lawyer will negotiate an equitable settlement with the insurance company.

If a settlement is not reached, your lawyer may file a lawsuit for medical negligence in the county of the injury. You could be able to include your doctor, and any other doctors or hospital involved in the birth of your child and the injury as defendants, based on the circumstances. Once the lawsuit is filed the attorney can get more details via the process known as discovery, that includes depositions, as well as swearing testimony from witnesses. This information will support your legal arguments.