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Birth Injury Legal Help

Families are faced with huge financial burdens when a baby is born with a medically triggered 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-related injury lawsuit, families must prove four elements:

Statute of Limitations

It is essential to speak with an attorney immediately if you suspect medical malpractice. This will ensure that your claim is filed within your state's statute of limitations, and that you have enough time to create a strong case and obtain an appropriate 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 this deadline to 10 years in lawsuits brought on behalf of children, provided the child is not yet the age of 18.

In order to win a lawsuit for birth injuries, you need to prove that the defendant breached his or her duty to you and caused the injury to your child. The cause of the injury is usually determined through expert testimony and evidence demonstrating best practices, which are widely accepted by the medical professionals.

Your attorney will investigate and gather the relevant evidence in your case including medical records and test results from both you and your baby. They will also identify potential defendants and obtain the required documents from their insurance companies. Once they have completed the process, they will send a demand letter for damages in the amount of money 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 resolved by a trial where each side presents its evidence and arguments to jurors and judges.

Medical Experts

If a child suffers an injury at birth, it can have devastating consequences for the baby and his family. It is crucial to seek legal assistance as soon as possible. An attorney can then create an evidence-based case using medical records and depositions of doctors. A lawyer may also seek an expert in medical to review the case and provide an opinion. This is an essential aspect in any medical malpractice case.

Birth injuries can be difficult to prove as symptoms might not manifest until later. Parents may not be aware of birth injuries until their child has missed developmental milestones or their pediatrician has indicated that their child has intellectual and physical limitations. A potential injury could be detected through indicators such as admission to the NICU or a need for a CT or MRI scan after birth.

Causation is an additional 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 hadn't committed the breach of duty, your child would not have suffered an injury.

The majority of medical malpractice claims which include birth injuries, are settled outside of court. In a settlement, defendants must agree on a dollar amount to resolve the case. The amount must reflect your past and future damages. Your lawyer will work with medical and financial experts to determine the proper amount.

Defendants

A successful birth injury lawsuit needs the medical professional to prove that they breached their duty of care. This is usually accomplished by obtaining an expert medical witness' opinion. The expert medical examines the evidence presented in your case, which includes depositions from the doctors who were involved in your case as well as any medical documents. He or she will determine whether your doctor acted in conformity with the appropriate standards of care for doctors with similar qualifications and expertise in the particular circumstances.

An attorney will also work with financial experts to analyze your losses and calculate fair damages that account for the present, past, and future expenses. Your lawyer will negotiate with the hospital's or medical malpractice insurer and file a lawsuit if necessary, to secure maximum compensation for injuries suffered by your child.

Unlike most lawsuits, birth injury cases are usually resolved in settlements. A settlement is when all parties agree to pay a certain amount of money and the legal process ceases. If you are unable to reach a resolution in your case, you may be brought to court where a jury and judge will decide on the outcome.

Birth injuries can be a long-lasting affliction on your child or your entire family. To get the best results, it is important to choose a skilled birth injury lawyer who has proven track record of successfully settling such claims.

Settlement

Your attorney must work to find a full settlement for your family. This will depend on the nature of your child's injuries as well as the resulting demands. A severe birth injury, for instance may require years of medical attention and often round-the-clock. Your lawyer will consult with medical and health experts to understand the total costs of this treatment and to file a suitable damage claim.

In a majority of cases, a doctor or hospital's malpractice insurer will offer to settle the case without the necessity of litigation. In these instances your lawyer will present an offer package that includes a full description of the facts surrounding your case along with a suggested dollar amount to settle it. The insurance company will examine the information and respond to your request by countering with a counteroffer. Your lawyer will work with the insurance company to decide on a fair settlement.





When a settlement cannot be agreed upon, your attorney may pursue a medical malpractice lawsuit in the county where the incident occurred. You may be able to claim your doctor as well as any other doctors or hospital involved in the birth of your child and the injury as defendants, based on the circumstances. After filing the lawsuit the attorney can get additional information via a process called discovery, that includes depositions, as well as sworn testimony from witnesses. These evidences will support your legal arguments.