logo

Birth Injury Legal Help

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

Families must show four things to win a lawsuit claiming birth injury law firms injuries:

Statute of Limitations

No matter how the injury occurred, it's crucial to seek legal advice whenever you suspect that medical negligence. This will ensure that your claim is filed on time for the statutes of limitations and that you have enough time to build a solid case and obtain the right amount of compensation.

A person generally has two and a half (2-1/2 years) to file a lawsuit for medical malpractice, starting from the date of the incident. New York law extends the time limit to 10 years for lawsuits brought by children in the event that they have not yet reached their 18th Birthday.

To win a birth injury lawsuit, you must demonstrate that the defendant breached their obligation to you by creating injuries for your child. Causation is usually established through expert testimony and evidence demonstrating the best practices, which are generally accepted by the medical community.

Your attorney will investigate and gather the relevant evidence in your case including medical records as well as test results from both you and your baby. They will then find potential defendants and collect 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 cash. If they refuse to negotiate then your lawyer will begin a lawsuit in the courtroom. A lawsuit is usually settled through a trial, where each side presenting their evidence and arguments before a jury and a judge.

Medical Experts

If a child suffers a birth injury it can have devastating effects for the baby and his family. It is essential to seek legal help as soon as possible. The lawyer can then construct an argument based on 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 an essential step for any claim involving medical malpractice.

Birth injuries can be difficult to prove as symptoms might not be apparent until later. Parents may not notice the signs until their child is missing developmental milestones or until their pediatrician states that there are physical and intellectual deficits. A possible injury can be detected through indicators such as admission to the NICU, or a need for a CT or MRI scan after birth.

Causation is yet another crucial element in the success of a birth injury lawsuit. You must show that the defendant's failure in duty caused your child's injury. This means that if the doctor didn't do the wrong thing your child wouldn't've been injured.

The majority of medical malpractice claims that involve birth injury or birth injury, are settled out of court. In a settlement agreement, the parties must reach a consensus on a price in order to resolve the claim. The amount must reflect your past and future damages. Your lawyer will consult medical and financial experts to determine the appropriate amount.

Defendants

A successful birth injury lawsuit needs the medical professional to prove that they has violated their duty of care. This is usually done by obtaining the opinion of an expert witness in the field of medicine. The medical expert will examine the evidence in your case including medical records and depositions made by the doctors involved. He or she will determine whether your doctor acted according to the standard of practice for professionals who have similar qualifications, experience and the circumstances.

A lawyer may also consult financial experts to analyze your losses and calculate reasonable damages that include the past, 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 maximum compensation for injuries suffered by your child.

As opposed to most lawsuits injury cases usually end in settlements. Settlements occur when all parties agree on a certain amount and stop all legal action. If you don't reach a resolution in your case, your case could be taken to court where a judge and jury will decide on the outcome.

A birth injury is a serious medical condition that can have long-lasting effects on your child and family. For the best results it is important to partner with a seasoned birth injury attorney who has a track record of success in handling these claims.

Settlement

Your lawyer must do all possible to ensure that your family receives an amount that is fair. It will depend on the injuries your child has suffered and the needs that result from them. For instance, a severe birth injury could require years of care, usually 24/7. Your lawyer will consult with medical and health experts to determine the total cost of the care and file an appropriate claim.

In many cases, the malpractice insurance of a doctor or hospital will offer the possibility of settling a case without litigation. In these instances the lawyer you choose to use will submit an offer package that includes an extensive description of the facts surrounding your case and a proposed dollar amount to settle it. The insurance company will examine the details and respond by countering with a counteroffer. Your lawyer will negotiate an acceptable settlement with the insurance company.

If a settlement isn't reached, your lawyer may make a claim for medical malpractice in the state of the injury. You may be able include your doctor, as well as any other doctors or hospital involved in the birth of your child and the injury, as defendants, based on the circumstances. Your lawyer can gather additional information after filing an action, such as depositions, sworn statements and other evidence from witnesses, through an investigation process. The evidence you gather will help support your legal arguments.