Birth Injury Legal Help
Families are faced with enormous cost of living when a child is born with an medically-caused injury or illness. An attorney who specializes in birth injuries can assist in obtaining compensation to cover medical costs and enhance the quality of life for a child.
Families must demonstrate four things to prevail in a lawsuit against birth injuries:
Statute of limitations
It is crucial to speak with a lawyer as soon as you can if you suspect medical negligence. This ensures that your claim is filed within your state’s statute of limitations, as well as you have time to develop a strong case and receive an appropriate amount of compensation.
In general, a plaintiff has two and one-half (2-1/2) years to file a medical negligence lawsuit beginning from the date of the incident of negligence. New York law extends this deadline to 10 years for lawsuits brought on behalf of children, provided that the child is not yet their 18th birthday.
To prevail in a lawsuit involving birth injuries, you need to prove that the defendant acted in breach of his or her obligation to you and caused your child’s injury. The cause of the injury is determined by expert testimony and evidence of best practices, which have been endorsed by the medical community.
Your lawyer will look into your case and gather all relevant evidence including medical records for you and your child. They will then find potential defendants and get the required documents from their insurance companies. Once complete, they will send a demand letter to the parties at fault for damages in cash. If they don’t agree to negotiate with your lawyer, they will take action in the court. A lawsuit is generally resolved by trial, with each side presenting their evidence and arguments before a jury and judge.
Medical Experts
When a baby suffers from injuries to the birth process it can have devastating consequences for the child and their family. It is important to get legal assistance as soon as possible. This will allow the lawyer to construct a strong case, by using evidence, such as medical records and depositions of doctors. Lawyers can also request an expert from a medical field to review the case and offer an opinion. This is an essential step in any medical malpractice lawsuit.
Birth injuries aren’t always easy to prove because symptoms may not be evident until later. Parents may not be aware of birth injuries until their child has failed to meet milestones in development, or when their pediatrician has indicated that there are intellectual and physical deficiencies. A potential injury could be indicated by indications such as admission to the NICU, or a need for an CT or MRI scan after birth.
Causation is also an essential component of a successful lawsuit for birth injury. You must prove that the defendant’s breach of duty led to your child’s injury. If the doctor had not committed the breach of duty, your child would not have sustained an injury.
Most medical malpractice claims including those involving birth injuries or birth injury, are settled out of court. In a settlement agreement, the defendants must be able to agree on a specific dollar amount in order to resolve the matter. The amount must reflect your past and future damages. Your lawyer will work with medical and financial experts to determine the proper amount.
Defendants
A successful birth injury lawsuit will require establishing that your medical provider did not fulfill their duty of care. This is usually accomplished by obtaining the opinion of an expert witness from a medical field. 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 were in conformity with the standards of care for doctors with similar training and expertise in the context.
A lawyer will also hire experts in finance to analyze and calculate your losses, taking into consideration the present, past and lawsuits future costs. Your lawyer will engage with the hospital, or the doctor’s malpractice insurer and bring a lawsuit if necessary to obtain the maximum amount of compensation for the harms your child has sustained.
Unlike most lawsuits, birth injuries are often resolved through settlements. A settlement is when all parties agree to a specific amount of money and lawsuits legal action ceases. If you do not reach a resolution in your case, the case may be brought to court where a judge and jury will decide on the outcome.
A birth injury is a serious medical condition that can cause lasting harm on your child and the family. To get the best results it is essential to consult with an experienced birth injury law firms injury attorney who has an established track record of successfully settling such claims.
Settlement
Your lawyer should do everything possible to ensure that your family receives an equitable settlement. This will depend on the severity of your child’s injuries and the needs that result from them. A serious birth injury, for example can require years of care and often, round-the-clock. Your lawyer will consult medical and medical experts to determine the total cost of this care and file an appropriate claim.
In many cases the malpractice insurance policy of a doctor or hospital will offer to settle a case without litigation. In these situations your lawyer will mail an order package with an extensive description of the facts and the dollar amount you’d like to settle the case. The insurance company will review your documents and respond with a counteroffer. Your lawyer will negotiate a fair settlement with the insurance company.
If no settlement is reached, your lawyer can make a claim for medical negligence in the county of the injury. You may be able to claim your doctor as well as any other hospital or doctor involved in the birth of your child and the injury as defendants based on the circumstances. After the lawsuit is filed the attorney can get more details via the process of discovery, which can include depositions and sworn testimony from witnesses. This evidence will help support your legal arguments.