Birth Injury Legal Help

Families are confronted with massive financial burdens when a baby is born with a medically-caused injury or illness. A birth injury lawyer can help families obtain compensation to pay for medical expenses and improve the quality of life for their children.

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

Statute of Limitations

No matter how the injury occurred, it's important to seek legal counsel when you suspect medical negligence. This will ensure that your claim is filed within the state's statute of limitations, and you have time to construct a solid claim and get fair compensation.

In general, a party has two and one-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 year for cases brought by children if they have not yet reached their 18th Birthday.

In order to win a lawsuit for birth injuries, you must prove that the defendant violated his or her duty to you and caused your child's injury. Causation is established by expert testimony and documents that demonstrate best practices, which are accepted by the medical community.

Your attorney will conduct an investigation and collect all evidence relevant to your case, including medical records and tests results from both you and your baby. They will then identify potential defendants and request the required documents from the insurance companies. Once they have completed the process, they'll send a demand for monetary damages to the parties who are at fault. If they don't agree to negotiate with your lawyer, they will sue in the court. A lawsuit is usually settled by a trial where each side will present its evidence and arguments to a judge and jury.

Medical Experts

Birth injuries can have devastating effects on the child and his family. It is important to get legal help as quickly as you can. This will enable the lawyer to develop a convincing case by using evidence, such as medical records and depositions of doctors. Attorneys can also engage a medical expert to review the case and offer an opinion. This is a crucial step in any medical malpractice case.

Birth injuries can be difficult to prove since symptoms may not manifest until later. Parents may not notice them until their child has missed developmental milestones or their pediatrician suggests physical and intellectual deficits. An injury could be identified by symptoms such as an admission to the NICU, or the need for an CT or MRI scan following the birth.

Causation is an additional element in the success of a birth injury lawsuit. You must prove that the defendant's breach of duty caused the injury to your child. If the doctor hadn't committed the breach of duty, then your child would not have sustained an injury.

The majority of medical malpractice claims like those involving birth injuries that are settled out of court. In a settlement agreement, the parties must reach a consensus on a price in order to resolve the case. The amount must reflect your present and future damages. Your lawyer will consult with medical and financial experts to determine the appropriate amount.

Defendants

In order to succeed in a birth injury lawsuit you must demonstrate that your medical professional violated their duty of care. This is usually accomplished by obtaining an expert medical witness' opinion. The expert medical examines your case's evidence, including depositions from the doctors who were involved in your case, as well as medical records. He or she will determine whether your doctor acted accordance with the appropriate standard of care for professionals with similar training and expertise in the circumstances.

A lawyer will also hire financial experts to assess and calculate your losses, considering the present, past and future costs. Your lawyer will engage with the hospital's physician's malpractice insurer and file a lawsuit, in the event that it is necessary, to obtain the most compensation for any injuries suffered by your child.

In contrast to the majority of lawsuits, birth injuries are often resolved through settlements. A settlement is when all parties agree to a certain amount of money and the legal process ceases. If you don't reach a settlement in your case, your case may go to court, where a jury and judge will decide on the outcome.

A birth injury can have lasting effects on your child or your entire family. It is essential to be in close contact with a birth injury lawyer who is experienced in dealing with such claims.

Settlement

Your lawyer must do all possible to ensure that your family receives an equitable settlement. It will depend on your child's injuries and the needs that result from them. A serious birth injury, such as can require years of treatment and often round-the-clock. Your lawyer will talk to medical and care experts to determine the total cost of this treatment and to create a proper damage claim.

In many cases doctors or hospitals' malpractice insurance company will offer to settle the case without the necessity of litigation. In these situations, your lawyer will send an offer package that includes details of the facts and the dollar amount that you want to settle the case. The insurer will review the details and respond to your request by countering with a counteroffer. Your lawyer will negotiate an equitable settlement with the insurance company.

If a settlement is not reached, your attorney may file a medical malpractice lawsuit in the county in which the incident occurred. You may be able to claim your doctor along with any other hospital or doctor involved in the birth of your child and the injury as defendants based on the circumstances. Your attorney can gather more details after filing an action, such as depositions and sworn statements from witnesses through the discovery process. The evidence you gather will aid in your legal arguments.