Birth Injury Legal Help

Families are faced with huge cost of living when a child is born with an medically-caused injury or illness. A birth injury attorney can help secure compensation that will cover expenses and improve a child's quality of life.

To win a birth injury lawsuit, families must demonstrate four things:

Statute of limitations

It is important to consult an attorney whenever you suspect medical malpractice. This will ensure that your claim is filed at the right time for the statutes of limitations and that you have the time to construct a strong case and recover fair compensation.

A person generally has two and half (2-1/2 years) to make a claim for medical malpractice, beginning from the date that the malpractice occurred. New York law extends this time limit to 10 years for cases brought on behalf of a child, provided the child has not yet reached their 18th birthday.

To win a birth injury lawsuit, you must demonstrate that the defendant violated their obligation to you by inflicting injuries on your child. The cause of the injury is usually determined through evidence from experts and documents that demonstrate best practices, which are generally accepted by the medical community.

Your attorney will conduct an investigation and gather all relevant evidence in your case, including medical records and tests results from both you and your baby. Then, they will determine potential defendants and request required documents from insurance companies. Once complete, they will send a demand notice to the parties at fault for financial damages. If they refuse to negotiate the lawyer will start a lawsuit in court. A lawsuit is usually resolved through a trial, where both sides presenting their evidence and arguments before a jury and judge.

Medical Experts

If a baby is injured during birth a birth injury and suffers a devastating effects for the child and their family. It is imperative to seek legal help as quickly as possible. The lawyer can then construct an evidence-based case using medical records and doctor depositions. A lawyer may also ask the medical expert to provide an opinion and examine the case. This is an essential step in any medical malpractice case.

Many birth injuries are difficult to prove, since the symptoms might not be evident until a long time later. Parents may not notice birth injuries until their child has failed to meet milestones in development, or when their pediatrician has determined that there are cognitive and physical limitations. Signs of an injury, such as admission to the NICU or a need for an CT scan or MRI after birth, can also be an indication of a possible injury.

Causation is another key element in the success of a birth injury lawsuit. You must prove that the defendant's breach of duty caused the injury to your child. This means that if the doctor didn't make the breach of duty then your child wouldn't have suffered any injury.

The majority of medical malpractice claims, including those involving birth injuries, are settled outside of court. In a settlement, defendants must reach an agreement on an amount of money to settle the claim. The amount must reflect both past and future damages. Your lawyer will consult experts in the field of medicine and finance in order to determine the proper amount.

Defendants

A successful birth injury lawsuit requires proving that your medical professional violated his or her duty of care. This is usually done by obtaining the opinion of a medical expert witness. The medical expert will examine the evidence in your case, including medical records as well as depositions made by the doctors involved. He or she will determine whether your doctor's actions conform to the standard of procedure for professionals who have similar qualifications, experience and conditions.

A lawyer will also engage financial experts to assess your losses and calculate fair damages to account for both present and future costs. Your lawyer will bargain with the hospital's or physician's malpractice insurer and file a lawsuit, if necessary, to secure the highest amount of compensation for injuries suffered by your child.

Unlike most lawsuits, birth injuries are often resolved through settlements. A settlement occurs when all parties agree to a certain amount and stop all legal action. If you are unable to agree to a settlement in your case, it may go to court, where a jury and judge will decide on the outcome.

A birth injury is a serious medical issue that can have lasting effects on your child and family. To get the best results it is crucial to partner with a seasoned birth injury lawyer who has a track record of successfully settling such claims.

Settlement

Your attorney must 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 needs that result from them. For instance, a major birth injury could require years of care, often all-hours-of-the-day. Your lawyer will speak with medical and health professionals to understand the total costs of this care and to file a suitable damage claim.

In many instances, a doctor or hospital's malpractice insurance company will offer to settle the matter without the necessity of litigation. In these cases your lawyer will file an order package that includes an extensive description of the details of your case along with a suggested amount of money to settle it. The insurance company will examine the information provided and then respond with a counteroffer. Your lawyer will negotiate an equitable settlement with the insurance company.

If a settlement can't be reached, your attorney may file a medical malpractice lawsuit in the county where the injury occurred. Based on the circumstances, you could name as defendants your doctor and any other hospitals or doctors involved in your child's birth and the injury. Your lawyer will gather additional information after filing an action, such as depositions and sworn statements from witnesses through a discovery process. This evidence will support your legal arguments.