What Experts Say You Should Know

Birth Injury Legal Help

When the child is born with an illness or injury due to medical negligence, families must deal with tremendous 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 elements:

Statute of limitations

It is important to consult a lawyer whenever you suspect medical negligence. This will ensure that your claim is filed on time for your state's statutes of limitations and that you have enough time to develop a solid case and recover fair compensation.

In general, a person has two and one-half (2-1/2) years to file a medical negligence lawsuit that begins from the date of the act of negligence. New York law extends this deadline to 10 years for lawsuits brought on behalf of children, provided that the child has not yet reached the age of 18.

To win a birth injuries lawsuit, you have to prove that the defendant breached their duty to you by causing your child's injuries. Causation is usually established through the use of expert testimony and documents demonstrating best practices, which are generally accepted by the medical professionals.

Your lawyer will investigate and gather the relevant evidence in your case including medical records and tests results from both you and your baby. They will then determine potential defendants and get the required documents from their insurance companies. After they have completed the procedure, they will send a demand for monetary damages to the parties at fault. If they do not agree to negotiate the lawyer will file a lawsuit in court. A lawsuit is usually settled by a trial, in which each side presenting evidence and arguments before a judge and a jury.

Medical Experts

When a baby suffers from a birth injury and suffers a devastating effects for the baby and his family. It is essential to seek legal assistance as soon as possible. The attorney can then build an evidence-based case using medical records and doctor depositions. Lawyers may also approach an expert in medical field to provide an opinion and examine the case. This is an essential step in any medical malpractice lawsuit.

Many birth injuries are difficult to prove, because the signs may not appear until much later. Parents usually don't realize they have them until their child misses developmental milestones or until their pediatrician suggests intellectual and physical deficits. Signs of an injury, like admission to the NICU, or the need for a CT scan or MRI after birth, could be a sign of an injury.

Causation is another key element in the success of a birth injury lawsuit. 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 suffered an injury.

The majority of medical malpractice cases such as birth injury law firms injuries, are settled outside of court. In a settlement agreement, the defendants have to reach an agreement on a dollar amount in order to resolve the case. The amount must reflect your past and future damages. Your lawyer will consult with medical and financial experts to determine the right amount.

Defendants

A successful birth injury lawsuit will require the medical professional to prove that they did not fulfill their duty of care. This is usually done by obtaining a medical expert witness's opinion. The medical expert will look over the evidence presented in your case, which includes depositions from the doctors involved in your case as well as any medical records. They will determine whether your doctor acted according to the standard of procedure for professionals with similar training, expertise and context.

A lawyer can also engage experts in finance to evaluate and calculate your losses, taking into consideration the present, lawsuit past and future costs. Your lawyer will negotiate with the hospital or the doctor's malpractice insurer and will file a lawsuit if necessary to secure maximum compensation for the harms your child has sustained.

Unlike most lawsuits, birth injuries are often resolved through settlements. Settlements occur when all parties agree to pay a certain amount of money and legal action ceases. If your case does not resolve then it could be referred to trial, where the jury and a judge will decide the outcome.

A birth injury is a serious medical issue that can cause lasting harm on your child and the family. To get the best results it is important to partner with a seasoned birth injury lawyer with a proven track record of successfully settling such claims.

Settlement

Your attorney must do everything possible to ensure that your family receives an appropriate settlement. It will depend on the extent of your child's injury and the demands that result. For instance, a serious birth injury could require years of medical care, which is often 24/7. Your lawyer will consult with medical and care experts to determine the amount of care required and file an appropriate claim.

In a majority of cases, a hospital or doctor's malpractice insurer will offer to settle the matter without the necessity of litigation. In these cases, your lawyer will send an offer package that includes an exhaustive description of the facts and a dollar amount that you want to settle your case. The insurer will review the information and respond by countering with a counteroffer. Your lawyer will negotiate with the insurance company to determine a fair settlement.

If a settlement cannot be reached, your attorney may file a medical malpractice lawsuit in the county where the incident occurred. Based on the circumstances, you could identify as defendants your doctor and any other doctors or hospitals involved in your child's birth and the injury. Once the lawsuit is filed the attorney can get more details through a process called discovery, which can include depositions and swearing testimony from witnesses. This evidence will support your legal arguments.