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Birth Injury Legal Help
If a child is born with an injury or illness due to medical negligence, families must deal with tremendous financial costs. An attorney for birth injuries can help secure compensation to cover the care costs and enhance a child's quality of life.
Families must prove four things to prevail in a lawsuit against birth injury:
Statute of Limitations
No matter how the injury occurred, it's important to seek legal counsel whenever you suspect medical negligence. This ensures that your claim is filed within your state's statute of limitations, as well as that you have sufficient time to build a strong case and receive the right amount of compensation.
In general, a claimant has two and a half (2-1/2) years to file a medical negligence lawsuit from the date of the occurrence of negligence. New York law extends the deadline to 10 years for cases brought by a child in the event that they have not yet reached the age of 18.
To prevail in a birth injury lawsuits injury lawsuit, you must demonstrate that the defendant breached their obligation to you creating injuries for your child. Causation is usually established through evidence from experts and documents that demonstrate best practices, which are generally accepted by the medical profession.
Your lawyer will look into your case and gather all relevant evidence including medical records for you and your child. They will then identify potential defendants and request required documents from insurance companies. After they have completed the procedure, they will send a demand letter for damages in the amount of money to the parties responsible. If they refuse to negotiate with you, your lawyer will sue in the court. A lawsuit is usually resolved through a trial, where both sides present their evidence and arguments to the jury and a judge.
Medical Experts
Birth injuries can have devastating consequences for the child and his family. It is essential to seek legal help as soon as you can. This will allow the attorney to present a convincing case, based on evidence such as medical records and depositions by doctors. Lawyers can also request an expert medical professional for an opinion and to analyze the case. This is a crucial aspect for any claim involving medical malpractice.
Many birth injuries are difficult to prove as the symptoms may not show up until much later. Parents may not notice them until their child misses developmental milestones or until their pediatrician indicates that there are intellectual and physical deficiencies. Signs of an injury, such as admission to the NICU or the need for an CT scan or MRI after birth, could also be an indication of a possible injury.
Causation is a crucial aspect in the success of a birth injury lawsuit. You must show that the defendant's breach of duty led to the injury to your child. If the doctor had not committed the breach of duty, then your child would not have suffered an injury.
Most medical malpractice cases like those involving birth injuries that are settled out of court. In a settlement agreement, the parties must agree on a dollar value in order to resolve the matter. The amount must reflect both past and future damages. Your lawyer will work with medical and financial experts to determine the proper amount.
Defendants
In order to be successful in a birth injury lawsuit you must show that your medical provider violated their duty of care. This is typically done by obtaining a medical expert witness' opinion. The medical expert will look over the evidence of your case, including depositions from the doctors involved in your case, as well as medical records. They will determine whether your doctor acted conformity with the standard of care required for professionals who have similar training and expertise in the particular circumstances.
A lawyer may also consult financial experts to analyze your losses and injury determine reasonable damages that include past, present, and future costs. Your attorney will engage with the hospital, or the physician's malpractice insurance company and will file a lawsuit if necessary to obtain the maximum amount of compensation for the harms your child has sustained.
Contrary to most lawsuits, birth injury cases usually end in settlements. A settlement occurs when all parties agree to a specific amount and stop any legal action. If you don't agree to a settlement in your case, you may be brought to court where a jury and judge will decide the outcome.
A birth injury is a serious medical issue that can cause lasting harm for your child and family. It is important to cooperate with an attorney who is familiar with handling such cases.
Settlement
Your lawyer should help secure a full settlement for your family. It will depend on the extent of your child's injury and the subsequent needs. For example, a severe birth injury could require many years of treatment, often throughout the day. Your lawyer will consult medical and care experts in order to determine the amount of care required and submit a valid claim.
In many cases the hospital's or doctor's malpractice insurance company will offer to settle the case without the necessity of litigation. In these cases your lawyer will provide an offer package that includes details of the facts and a dollar amount you would like to offer to settle your case. The insurance company will examine your information and respond with a counter-offer. Your lawyer will work with the insurance company to decide on the most fair settlement.
If a settlement can't be reached, your attorney can make a claim for medical malpractice in the county where the injury occurred. Based on the circumstances, you may identify as defendants your doctor and any other doctors or hospitals involved in the birth injury lawyer of your child and the injury. When the lawsuit is filed, your attorney can obtain more details via the process known as discovery, which includes depositions as well as witness testimony sworn by witnesses. The evidence you gather will help support your legal arguments.
