Why Birth Injury Claim Is Right For You

Birth Injury Legal Help

If the child is born with an injury or illness because of 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.

Families must prove four things to prevail in a lawsuit for birth injury:

Statute of limitations

No matter 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, as well as you have time to build a strong case and recover an appropriate amount of compensation.

A claimant generally has two and a half (2-1/2 years) to pursue a lawsuit based on medical malpractice, beginning on the date the negligence occurred. New York law extends the deadline to 10 years in cases filed by children in the event that they have not yet reached their 18th Birthday.

In order to win a birth-related injury lawsuit, you must demonstrate that the defendant violated their duty to you when causing your child's injuries. Causation is established by expert testimony and evidence of best practices, which have been endorsed by the medical community.

Your attorney will investigate 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 required documents from the insurance companies. Once complete, they will submit a demand letter to the at-fault parties for financial damages. If they do not agree to negotiate, your lawyer will begin a lawsuit in the courtroom. A lawsuit is generally resolved through a trial, with each side presenting its evidence and arguments before a jury and judge.

Medical Experts

When a baby suffers from a birth injury, it can have devastating consequences for the baby and his family. It is essential to seek legal assistance as soon as you can. The lawyer can then construct an argument based on medical records and doctor depositions. A lawyer may also seek an expert medical professional to look over the case and provide an opinion. This is a crucial aspect in any medical malpractice lawsuit.

Many birth injuries are difficult to prove, because the signs might not manifest until much later. Parents may not be aware of birth injuries until their child has missed developmental milestones, or their doctor has suggested that they have intellectual and physical deficits. A possible injury can be indicated by indications such as admission to the NICU or the need for an CT or MRI scan after birth.

Causation is a crucial aspect of a successful lawsuit for birth injury. You must demonstrate that the defendant's lapse in duty caused your child to be injured. If the doctor had not committed the breach of duty, then your child would not have sustained an injury.

Most medical malpractice claims, such as those involving birth injury and birth injury attorney injuries, are settled outside of court. In a settlement, the defendants must agree on the amount of money needed to settle the claim. The amount must reflect your present and future damages. Your lawyer will consult with financial and medical experts to determine the appropriate amount.

Defendants

To succeed in a birth injury lawsuit you must prove that your medical provider violated their duty to care. This is typically done by obtaining a medical expert witness's opinion. The medical expert will analyze the evidence in your case including medical records as well as depositions given by the doctors involved. The expert will determine whether your doctor's actions are in accordance to the appropriate standard of professional practice for those with similar training, expertise and circumstances.

Lawyers also employ financial experts to evaluate and estimate your losses, taking into account the present, past and future costs. Your lawyer will engage with the hospital's physician's malpractice insurer and file a lawsuit should it be necessary, to ensure maximum compensation for injuries suffered by your child.

As opposed to most lawsuits injury cases usually end in settlements. A settlement occurs when all parties agree to pay a specific amount of money and all legal action stops. If you fail to reach a settlement agreement in your case, your case could be taken to court where a judge and jury will decide on the outcome.

A birth injury can have lasting effects on your child or family. To get the best results it is important to work with an experienced birth injury lawyer who has an established track record of success in handling these claims.

Settlement

Your attorney should do everything possible to ensure that your family receives an equitable settlement. This will depend on the nature of your child's injuries and the resulting demands. For instance, a severe birth injury could require years of medical care, which is often 24/7. Your lawyer will consult with medical and health experts to understand the total costs of this treatment and to make an appropriate damage claim.

In a majority of cases, a hospital or 133.6.219.42 doctor's malpractice insurance company will offer to settle the case without the need for litigation. In these instances, your lawyer will submit an offer package that includes an extensive description of the facts of your case, along with a proposed dollar amount to settle it. The insurer will review your documents and respond with a counter-offer. Your lawyer will work with the insurance company to come up with a fair settlement.

If a settlement is not agreed upon, your lawyer could make a claim for medical malpractice in the county of the injury. You could be able to identify your doctor, along with any other doctors or hospital involved in the birth of your child, and also the injury, as defendants based on circumstances. After the lawsuit is filed and your lawyer is able to obtain more information through the process known as discovery, which includes depositions as well as sworn testimony from witnesses. The evidence you gather will aid in your legal arguments.