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Birth Injury Legal Help
Families are faced with enormous financial burdens when a child is born with a medically caused injury or illness. A birth injury attorney can assist in obtaining compensation that will cover expenses and improve the quality of life for a child.
Families must prove four things to prevail in a lawsuit for birth injuries:
Statute of limitations
It is important to consult a lawyer as soon as you can if you suspect medical malpractice. This will ensure that your claim is filed at the right time for your state's statutes limitations and that you have sufficient time to develop a solid claim and get fair compensation.
A claimant generally has two and half (2-1/2 years) to pursue a lawsuit based on medical malpractice, starting from the date of the incident. New York law extends this time limit to 10 years for lawsuits brought on behalf of a child, provided that the child has not yet reached their 18th birthday.
To win a birth injury lawsuit, you must prove that the defendant breached their duty to you by inflicting injuries on your child. Causation is usually established by using expert testimony and evidence demonstrating the best practices, which are generally accepted in the medical community.
Your attorney will conduct an investigation and gather all evidence relevant to your case including medical records and tests results from both you and your baby. Then, they will identify potential defendants and request the required documents from insurance companies. After they have completed the process, they'll send a demand for birth injury monetary damages to the parties at fault. If they refuse to negotiate with you, your lawyer will sue in court. A lawsuit is usually resolved by a trial where each side will present its evidence and arguments before an impartial jury and judge.
Medical Experts
If a baby is affected by a birth injury, it can have devastating effects for the baby and his family. It is imperative to seek legal assistance as soon as possible. This will allow the lawyer to develop a convincing case by using evidence, such as medical records and depositions of doctors. Lawyers can also request an expert medical professional to give an opinion or review the case. This is a vital step in any medical malpractice case.
Birth injuries aren't always easy to prove as symptoms might not show up until later. Parents may not notice birth injuries until their child has missed developmental milestones, or until their pediatrician has stated that there are cognitive and physical limitations. An injury could be identified by indications such as admission to the NICU or the need for a CT or MRI scan following the birth.
Causation is yet another crucial aspect in a successful birth injury lawsuit. You must show that the defendant's breach of duty caused the injury to your child. If the doctor hadn't committed the breach of duty, your child would not have suffered an injury.
The majority of medical malpractice claims including those involving birth injuries or birth injury, are settled out of court. In a settlement, the defendants must agree on the amount of money needed to settle the matter. The amount must reflect your past and future damages. Your lawyer will consult with experts in the field of medicine and finance to determine the correct amount.
Defendants
A successful birth injury lawsuit requires the proof that your doctor violated his or her duty of care. This is usually done by obtaining a medical expert witness's opinion. 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 decide whether your doctor's actions are in accordance to the appropriate standards of practices for professionals with similar training, expertise and context.
Lawyers also employ experts in finance to analyze and estimate your losses, considering the present, past, and future expenses. Your lawyer will bargain with the hospital's or medical malpractice insurer and file a lawsuit, when necessary, to get the maximum amount of compensation for injuries sustained by your child.
Contrary to many lawsuits birth injuries cases are often settled. Settlements occur when all parties reach an agreement on a certain amount and stop any legal actions. If your case doesn't reach a settlement or settlement, it will go to trial where an arbitrator and judge will decide what happens.
A birth injury is a serious medical issue that can have lasting effects on your child as well as your family. For the best results it is essential to choose a skilled birth injury lawyer who has a track record of settling these claims successfully.
Settlement
Your attorney must do everything possible to ensure that your family receives an amount that is fair. It will depend on the extent of your child's injury and the subsequent needs. For instance, a serious birth injury could mean years of care, usually 24/7. Your lawyer will consult with medical and care experts to determine the total cost of the care and then file a suitable claim.
In many instances, a hospital or doctor's malpractice insurance company will offer to settle the case without the necessity of litigation. In these instances your lawyer will file an offer package that includes a detailed statement of the facts of your case, along with a proposed dollar amount to settle the matter. The insurance company will review your details and respond with a counter-offer. Your lawyer will negotiate an acceptable settlement with the insurance company.
If a settlement cannot be agreed upon, your attorney may bring a medical malpractice suit in the county in which the incident occurred. Based on the circumstances, you can include as defendants your physician and any other doctors or hospitals involved in the birth of your child and the injury. When the lawsuit is filed your attorney will be able to get more details via an investigation process known as discovery which includes depositions and sworn testimony from witnesses. This evidence can be used to support your legal arguments.
