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When a child is born suffering from an injury or illness due to medical negligence families must deal with tremendous financial burdens. A birth injury attorney can assist in obtaining compensation that will cover expenses and improve the quality of life for a child.
To prevail in a birth injury lawsuit, families must demonstrate four things:
Statute of limitations
No matter how the injury was sustained, it's important to seek legal counsel immediately if you suspect that medical negligence. This will ensure that your claim is filed within the state's statute of limitations, and that you have sufficient time to develop a strong case and recover fair compensation.
In general, a claimant has two and a half (2-1/2) years to file a medical malpractice lawsuit that begins from the date of the occurrence of negligence. New York law extends the deadline to 10 year for lawsuits brought by children in the event that they have not yet reached their 18th Birthday.
To win a birth injury lawsuit, you have to prove that the defendant violated their obligation to you the child's injuries. The cause of the injury is determined by expert testimony and evidence of the best practices and have been accepted by the medical community.
Your attorney will look into your case and collect all relevant evidence including medical records for you and your child. Then, they will identify potential defendants and request the required documents from the insurance companies. After completing the process, they will send a demand note to the at-fault parties asking for damages in cash. If they do not agree to negotiate with you, your lawyer will sue in court. A lawsuit is usually resolved by a trial in which each side will present its evidence and arguments in front of jurors and judges.
Medical Experts
When a baby suffers from a birth injury the result can be devastating effects for the family and child. It is imperative to seek legal advice as soon as possible. The attorney can then build an evidence-based case using medical records and depositions of doctors. Lawyers can also request a medical expert for a opinion and analyze the case. This is a crucial aspect in any medical malpractice lawsuit.
Many birth injuries are difficult to prove, because the signs may not manifest until much later. Parents usually don't realize they have them until their child misses developmental milestones or their pediatrician suggests physical and intellectual deficits. A possible injury can be identified by indications such as admission to the NICU, or a need for an CT or MRI scan following the birth.
Causation is another key factor in the success of a birth injury lawsuit. You must show that the defendant's breach of duty caused the injury to your child. This means that if the doctor didn't do the wrong thing then your child wouldn't have suffered any injury.
Most medical malpractice cases that involve birth injury lawyers injuries or birth injury, are settled out of court. In a settlement, the defendants must agree on an amount of money to settle the case. The amount must reflect your past and future damages. Your lawyer will consult experts in financial and medical fields in order to determine the right amount.
Defendants
A successful birth injury lawsuit requires establishing that your medical provider violated his or her duty of care. This is typically done by seeking the opinion of an expert witness in the field of medicine. The expert will look over the evidence in your case including any medical records and depositions of the doctors involved. He or she will decide whether your doctor acted according to the proper standard of professional practice for those who have similar qualifications, experience and the circumstances.
A lawyer may also consult financial experts to assess your losses and calculate reasonable damages that take into account both present and future costs. Your lawyer will discuss with the hospital's physician's malpractice insurance and file a lawsuit, should it be necessary, to ensure the maximum amount of compensation for injuries sustained by your child.
Contrary to many lawsuits birth injuries cases are generally settled. A settlement occurs when all parties agree to an amount and cease any legal actions. If you are unable to reach a settlement agreement in your case, birth injury you may go to court, where a judge and jury will decide the outcome.
A birth injury is a serious medical issue that can have lasting effects on your child and the family. To ensure the best outcome, it is important to partner with a seasoned birth injury lawyer with a proven track record of successfully settling 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 result in years of care, usually 24/7. Your lawyer will talk to medical and care experts to determine the total cost of the care and file a suitable damage claim.
In many cases, a doctor or hospital's malpractice insurance company will offer to settle the case without the necessity of litigation. In these cases your lawyer will file a demand package that contains a detailed statement of the facts of your case as well as a proposed amount of money to settle it. The insurer will review the details and respond with a counter-offer. Your lawyer will negotiate a fair settlement with the insurance company.
If a settlement cannot be reached, your attorney may make a claim for medical malpractice in the county where the injury occurred. Based on the circumstances, you can name as defendants your doctor and any other doctors or hospitals involved in the birth of your child and the injury. Once the lawsuit is filed the attorney can get more information through the process known as discovery, which can include depositions and swearing testimony from witnesses. The evidence you gather will aid in your legal arguments.
