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Birth Injury Legal Help
If the child is born with an illness or injury because of medical negligence, families must deal with tremendous financial burdens. An attorney who specializes in birth injuries can help secure compensation that can cover care expenses and improve a child's quality of life.
To win a birth injury lawsuit, families must demonstrate four things:
Statute of limitations
It is essential to talk with a lawyer as soon as possible if you suspect medical malpractice. This ensures that your claim is filed within your state's statute of limitations, as well as you have time to build a strong case and obtain the right amount of compensation.
In general, a claimant has two and 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 in cases brought by a child who has not yet reached their 18th Birthday.
To prevail in a lawsuit involving birth injuries, you need to prove that the defendant violated his or her duty to you and caused your child's injury. Causation is usually established through the use of expert testimony and documents demonstrating the best practices, which are widely accepted in the medical community.
Your attorney will investigate your case and collect all relevant evidence including medical records for you and your child. They will then determine potential defendants and request the required documents from their insurance companies. After they have completed the process, they will send a demand letter for damages in money to the parties at fault. If they do not agree to negotiate the lawyer will start a lawsuit in court. A lawsuit is usually resolved by a trial where each side will present its evidence and arguments to jurors and judges.
Medical Experts
Birth injuries can have devastating effects on the child and his family. It is important to seek legal assistance as soon as possible. The lawyer will then be able to construct an effective case based on medical records and doctor depositions. A lawyer can also get an expert medical professional to look over the case and provide an opinion. This is a crucial element in any medical malpractice case.
Birth injuries aren't always easy to prove because symptoms may not manifest until later. Parents usually don't realize they have them until their child has missed developmental milestones or their pediatrician indicates that there are intellectual and physical deficits. Signs of injury, like admission to the NICU or need for a CT scan or MRI following birth, may be a sign of an injury.
Causation is a crucial element in the success of a birth injury lawsuit. You must show that the defendant's failure in duty caused your child to be injured. If the doctor had not committed the breach of duty, then your child would not have suffered an injury.
The majority of medical malpractice claims including those involving birth injuries, are settled out of court. In a settlement, the defendants must reach an agreement on a dollar amount to resolve the matter. The amount must reflect your present and future damages. Your lawyer will consult experts in financial and medical fields to determine the appropriate amount.
Defendants
In order to be successful in a birth injury lawsuit, you must demonstrate that your medical professional violated their duty of care. This is typically accomplished by obtaining the opinion of an expert witness from a medical field. The expert will look over the evidence in your case including medical records as well as depositions given by the doctors involved. The expert will determine whether your doctor's actions were in accordance with the appropriate standard of care for professionals who have similar training and expertise in the circumstances.
A lawyer can also employ financial experts to analyze your losses and calculate reasonable damages that account for the past, present and future expenses. Your lawyer will engage with the hospital's the malpractice insurance company of the physician and file a lawsuit should it be necessary, to ensure the highest amount of compensation for injuries suffered by your child.
As opposed to most lawsuits injury cases usually end in settlements. Settlements occur when all parties reach an agreement on an amount and cease all legal actions. If you do not reach a settlement agreement in your case, you could go to court, where a jury and judge will decide the outcome.
A birth injury is a serious medical condition that can cause lasting harm on your child as well as your family. It is important to cooperate with an attorney who has experience in handling these claims.
Settlement
Your lawyer should help secure a full settlement for your family. This will depend on the severity of your child's injuries and the needs that result from them. For birth injury lawyers , a severe birth injury could require years of care, usually throughout the day. Your lawyer will consult medical and care experts to determine the total cost of this care and file an appropriate claim.
In many instances the hospital's or doctor's malpractice insurance company will offer to settle the case without the need for litigation. In these instances the lawyer will then send an offer package that includes an extensive description of the facts and the dollar amount that you want to settle the case. The insurer will review your documents and respond with a counter-offer. Your lawyer will negotiate an equitable settlement with the insurance company.
When a settlement cannot be agreed upon, your attorney may bring a medical malpractice suit in the county in which the injury occurred. Depending on the circumstances, you may name as defendants your doctor and any other hospitals or doctors involved in the birth of your child and the injury. Your lawyer will gather additional information after filing a lawsuit, including depositions, sworn statements and other evidence from witnesses, as part of discovery. This evidence will help support your legal arguments.
