What Birth Injury Claim Should Be Your Next Big Obsession

Birth Injury Legal Help

If a child is born suffering from an injury or illness due to medical negligence families are confronted with massive financial burdens. An attorney for birth injuries can assist in obtaining compensation that can cover care expenses and improve the quality of life of a child.

To win a birth-related injury lawsuit, families must prove four things:

Statute of Limitations

Whatever the way in which the injury was sustained, it is important to seek legal counsel immediately if you suspect that medical negligence. This will ensure that your claim is filed within your state's statute of limitations, as well as that you have enough time to develop a strong claim and get the right amount of compensation.

In general, a person has two and a half (2-1/2) years to file a medical negligence lawsuit from the date of the act of negligence. New York law extends the deadline to 10 years for lawsuits brought by children in the event that they have not yet reached the age of 18.

To be successful in a lawsuit against birth injuries, you must show that the defendant acted in breach of his or her obligation to you and caused the injury to your child. The cause of the injury is usually determined by using expert testimony and evidence demonstrating the best practices, which are generally accepted by the medical professionals.

Your attorney will conduct an investigation and gather all relevant evidence in your case including medical records as well as test results from both you and your child. They will then identify potential defendants and obtain the required documents from their insurance companies. Once complete, they will send a demand letter to the at-fault parties for financial damages. If they are unwilling to negotiate your lawyer will begin a lawsuit in the courtroom. A lawsuit is generally resolved by trial, with each side presenting evidence and arguments before a jury and a judge.

Medical Experts

A birth injury can have devastating consequences for the child and his family. It is essential to seek legal assistance as soon as possible. This will allow the lawyer to build a strong case based on evidence such as medical documents and depositions of doctors. Lawyers can also request an expert in medical field to provide an opinion and review the case. This is an essential element in any medical malpractice case.

Many birth injuries are difficult to prove as the symptoms may not appear until much later. Parents are often unaware of them until their child misses milestones in their development or when their pediatrician states that there are physical and intellectual deficits. Signs of an injury, such as admission to the NICU or a need for a CT scan or MRI following birth, may be a sign of an injury.

Causation is yet another crucial factor in a successful birth injury lawsuit. You must prove that the defendant's breach 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.

The majority of medical malpractice cases such as birth injuries, are settled outside of court. In a settlement, the defendants must reach an agreement on an amount of money to settle the matter. The amount must reflect your present and future damages. Your lawyer will consult with medical and financial experts to determine the right amount.

Defendants

A successful birth injury law firms injury lawsuit will require proving that your medical professional violated his or her duty of care. This is typically done by seeking the opinion of medical expert witnesses. The expert medical examines the evidence of your case, including depositions from the doctors involved in your case, as well as medical records. He or she will establish whether your doctor acted in conformity with the appropriate standards of care for professionals with similar training and expertise in the particular circumstances.

A lawyer can also engage experts in finance to analyze and calculate your losses taking into consideration the present, past and future costs. Your attorney will engage with the hospital, or physician's malpractice carrier and will file a lawsuit if necessary to obtain the maximum amount of compensation for birth injury lawsuit your child's injuries.

Unlike most lawsuits, birth injury cases usually end in settlements. A settlement occurs when all parties agree on the amount they want and then stop all legal actions. If your case is unable to reach a settlement the case could go to trial where an arbitrator and judge will decide on your fate.

Birth injuries can cause long-lasting harm to your child or your entire family. To ensure the best outcome it is crucial to consult with an experienced birth injury lawyer with a a track record of settling these claims successfully.

Settlement

Your attorney should be working to get a fair settlement for your family. This will depend on the nature of your child's injuries and the needs that result from them. A serious birth injury, such as may require years of care and frequently, it is necessary to be on call 24/7. Your lawyer will consult with medical and health experts to determine the total cost of this care and then file a suitable claim.

In a majority of cases doctors or hospitals' malpractice insurer will offer to settle the matter without the necessity of litigation. In these cases your lawyer will provide an order package with an extensive description of the facts and the dollar amount that you want to settle the case. The insurer will review the information and respond to your request by countering with a counteroffer. Your lawyer will negotiate an acceptable settlement with the insurance company.

If a settlement cannot be reached, your lawyer may make a claim for medical malpractice in the state of the injury. You may be able identify your doctor, and any other doctors or hospital involved in the birth of your child and the accident, as defendants based on circumstances. Your attorney can gather more information after filing an action, such as depositions and sworn testimonies from witnesses, through a discovery process. The evidence you gather will help support your legal arguments.