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Birth Injury Legal Help

Families are faced with huge cost of living when a child is born with a medically-caused injury or illness. A birth injury lawyer can assist families get compensation to cover medical expenses and improve the quality of life for their children.

Families must prove four things to win a lawsuit claiming birth injuries:

Statute of limitations

It is essential to talk with a lawyer immediately if you suspect medical malpractice. This will ensure that your claim is filed on time for your state's statutes of limitations and that you have sufficient time to develop a solid case and recover an appropriate amount of compensation.

In general, a claimant has two and a half (2-1/2) years to file a medical negligence lawsuit that begins from the date of the occurrence of negligence. New York law extends the deadline to 10 years in cases brought by a child who has not yet reached their 18th Birthday.

To prevail in a lawsuit involving birth injuries, you must prove that the defendant violated his or her duty to you and caused the injury to your child. The way to establish causation is usually through the use of expert testimony and documents that show the best practices, which are widely accepted by the medical professionals.

Your attorney will conduct an investigation and gather any relevant evidence to your case including medical records and test results from both you and your baby. Then, they will identify potential defendants and request required documents from the insurance companies. Once they have all the documents, they will send a demand letter to the parties at fault for monetary damages. If they do not agree to negotiate with you, your lawyer will take action in the court. A lawsuit is usually settled by a trial where each side will present its evidence and arguments in front of an impartial jury and judge.

Medical Experts

When a baby suffers from injuries to the birth process, it can have devastating effects for the baby and his family. It is crucial to seek legal help as soon as possible. This will allow the attorney to construct a strong case with evidence such as medical records and depositions by doctors. A lawyer can also ask an expert in medical field to give an opinion or look over the case. This is a crucial step in any medical malpractice lawsuit.

Many birth injuries are difficult to prove, because the signs might not be evident until a long time later. Parents may not notice birth injuries until their child has missed developmental milestones or their pediatrician has stated that there are intellectual and physical deficits. Signs of an injury, like admission to the NICU, or the need for an CT scan or MRI after birth, can be a sign of a potential injury.

Causation is another key element in the success of a birth injury lawsuit. You must establish that the defendant's breach in duty caused your child to suffer injury. This means that if the doctor did not make the breach of duty, your child wouldn't have been injured.

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

Defendants

In order to succeed in a birth injury lawsuit you must show that your medical provider violated their duty to care. This is typically accomplished by seeking the opinion of a medical expert witness. The expert medical examines your case's evidence, including depositions from the doctors who were involved in your case as well as any medical documents. The expert will determine whether your doctor's actions were in conformity with the appropriate standards of care for doctors with similar qualifications and experience in the circumstances.

A lawyer can also engage financial experts to evaluate and calculate your losses taking into consideration past, current and future costs. Your lawyer will engage with the hospital's physician's malpractice insurance 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 injury cases are usually resolved in settlements. A settlement occurs when all parties reach an agreement on a specific amount and stop all legal action. If you fail to reach a resolution in your case, you could go to court, where a judge and jury will decide the outcome.





A birth injury can cause long-lasting harm to your child or your entire family. For the best results it is essential to work with an experienced birth injury attorney who has a track record of settling these claims successfully.

Settlement

Your attorney should be working to secure a full settlement for your family. This will depend on the nature of your child's injuries and resulting needs. A severe birth injury, for instance can require years of treatment and often, round-the-clock. Your lawyer will consult medical and care experts in order to determine the amount of care required, and make an appropriate claim.

In many cases the malpractice insurance of a medical facility or hospital will offer to settle a case without litigation. In these situations your lawyer will present a demand package that contains an exhaustive description of the facts surrounding your case, along with a proposed dollar amount to settle it. The insurance company will scrutinize your information and respond by counter-offering. Your lawyer will negotiate an acceptable settlement with the insurance company.

When a settlement cannot be reached, your attorney could make a claim for medical malpractice in the county where the injury occurred. Based on the circumstances, you may include as defendants your physician and any other hospitals or doctors involved in your child's birth and the injury. When the lawsuit is filed the attorney can get more details via the process known as discovery, which can include depositions and the sworn testimony of witnesses. This evidence will support your legal arguments.