birth injury lawsuits Injury Legal Help

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

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

Statute of limitations

Regardless of how the injury was sustained, it's important to seek legal counsel whenever you suspect that medical negligence. This ensures that your claim is filed within your state's statute of limitations, and that you have enough time to create a strong case and recover an appropriate amount of compensation.

A plaintiff generally has two and half (2-1/2 years) to file a lawsuit for medical malpractice, starting from when the negligence occurred. New York law extends this deadline to 10 years for cases brought on behalf a child, provided that the child has not reached the age of 18.

To prevail in a birth injury lawsuit, you must show that the defendant violated their obligation to you causing your child's injuries. The way to establish causation is usually through evidence from experts and documents that demonstrate best practices, which are widely accepted by the medical profession.

Your attorney will conduct an investigation and collect all evidence relevant to your case including medical records as well as tests results from both you and your child. They will then identify potential defendants and get the necessary documents from their insurance companies. Once they have all the documents, they will submit a demand letter to the at-fault parties for damages in the form of money. If they refuse to negotiate with you, your lawyer will take action in court. A lawsuit is usually resolved through a trial during which each side presents its evidence and arguments in front of the jury and a judge.

Medical Experts

When a baby suffers from a birth injury the result can be devastating consequences for the child and family. It is crucial to seek legal help as quickly as you can. This will allow the attorney to build a strong case based on evidence such as medical records and depositions of doctors. A lawyer can also ask the medical expert to provide an opinion and review the case. This is a crucial step in any medical malpractice claim.

Many birth injuries are difficult to prove, because the signs may not manifest until much later. Parents may not recognize birth injuries until their child has missed milestones in development, or when their pediatrician has indicated that there are cognitive and physical deficits. Signs of an injury, such as admission to the NICU, or the need for a CT scan or MRI following birth, may also indicate a possible injury.

Causation is another key aspect in the success of a birth injury lawsuit. You must prove that the defendant's breach in duty caused your child's injuries. This means that if the doctor didn't violate his duty, your child wouldn't have suffered an injury.

The majority of medical malpractice claims which include birth injuries, are settled out of court. In a settlement agreement, the defendants have to be able to agree on a specific dollar amount in order to resolve the claim. The amount must reflect your present and future damages. Your lawyer will work with medical and financial experts to determine the proper amount.

Defendants

To win a birth injury lawsuit you must prove that your medical professional violated their duty of care. This is usually accomplished by obtaining the opinion of medical expert witnesses. The medical expert will examine the evidence of your case, including depositions of the doctors who were involved in your case and any medical documents. He or she will determine whether your doctor's actions were accordance with the proper standard of care required for professionals with similar qualifications and experience in the circumstances.

A lawyer can also engage experts in finance to analyze and calculate your losses taking into account past, current, and future expenses. Your lawyer will negotiate with the hospital's or physician's malpractice insurance and file a lawsuit, when necessary, to get the most compensation for any injuries suffered by your child.

Contrary to most lawsuits, birth injury cases usually end in settlements. Settlements occur when all parties agree to pay a minimum amount of money and legal action ceases. If you do not agree to a settlement in your case, you may be brought to court where a judge and jury will decide on the outcome.

A birth injury could be a long-lasting affliction on your child or your entire family. It is essential to collaborate with a birth injury lawyer who has experience dealing with such claims.

Settlement

Your attorney should do everything possible to ensure that your family receives a fair settlement. This will depend on the nature of your child's injuries as well as the needs that result from them. For instance, a serious birth injury could require years of medical care, which is often all-hours-of-the-day. Your lawyer will speak with medical and health professionals to understand the total costs of the care and make an appropriate damage claim.

In a lot of cases doctors or hospitals' malpractice insurer will offer to settle the matter without the need for litigation. In these instances, your lawyer will send the demand package, which includes a detailed description of the facts and the dollar amount that you want to settle your case. The insurance company will examine the information and respond with a counter offer. Your lawyer will negotiate a fair settlement with the insurance company.

If a settlement isn't agreed upon, your lawyer could file a lawsuit for medical negligence in the county of the injury. You may be able to name your doctor, as well as any other hospitals or doctors involved in the birth of your child and the accident, as defendants, based on the circumstances. Your attorney can gather more information after filing an action, such as depositions and sworn testimony from witnesses through discovery. These evidences will support your legal arguments.