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Birth Injury Legal Help
If a child is born suffering from an illness or injury due to medical negligence, families are confronted with massive financial burdens. An attorney who specializes in birth injuries can assist in obtaining compensation to cover medical costs and enhance a child's quality of life.
Families must prove four elements to prevail in a lawsuit against birth injuries:
Statute of Limitations
Whatever the manner in which the injury was sustained, it is important to seek legal counsel as soon as you suspect that medical negligence. This will ensure that your claim is filed on time to comply with your state's statutes limitations and you will have enough time to construct a strong case and recover the right amount of compensation.
A claimant generally has two and a half (2-1/2 years) to pursue a lawsuit based on medical malpractice, beginning from the date the negligence occurred. New York law extends the deadline to 10 years in cases filed by children if they have not yet reached their 18th Birthday.
To be successful in a lawsuit against birth injuries, you must demonstrate that the defendant did not fulfill his or her duty to you and caused the injury to your child. Causation is usually established through the use of evidence from experts and documents that demonstrate best practices, which are generally accepted by the medical community.
Your attorney will investigate your case and gather all relevant evidence including medical records for you and your child. They will then identify potential defendants and request the required documents from their insurance companies. Once they have completed the process, they will send a demand letter requesting damages in cash to the parties at fault. If they refuse to negotiate the lawyer will bring a lawsuit to court. A lawsuit is usually resolved by trial, with each side presenting its evidence and arguments to a judge and jury.
Medical Experts
When a baby suffers from injuries to the birth process the result can be devastating effects for the baby and his family. It is important to get legal help as soon as possible. An attorney can then create an evidence-based case using medical records and depositions of doctors. A lawyer can also get an expert medical professional to look over the case and offer an opinion. This is a crucial step in any medical malpractice case.
Many birth injuries are difficult to prove because the signs might not appear until much later. Parents often don't notice them until their child misses milestones in development or their doctor indicates that there are intellectual and physical deficits. A potential injury could be detected by indications such as admission to the NICU, or the need for a CT or MRI scan following the birth.
Causation is also a key element of a successful lawsuit for birth injury. You must prove 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 claims, such as those involving birth injuries that are settled out of court. In a settlement agreement, the parties have to agree on a dollar value in order to resolve the matter. The amount must reflect both past and future damages. Your lawyer will consult experts in financial and medical fields to determine the proper amount.
Defendants
A successful birth injury lawsuit needs the medical professional to prove that they has violated their duty of care. This is typically done by obtaining a medical expert witness's opinion. The expert will look over the evidence in your case including medical records and depositions given by the doctors involved. The expert will determine whether your doctor's actions are in accordance to the proper standard of procedure for professionals who have similar qualifications, experience and conditions.
A lawyer can also employ financial experts to evaluate your losses and determine reasonable damages that account for the present, past, and future costs. Your lawyer will negotiate with the hospital or physician's malpractice company and will initiate a lawsuit, if necessary, to obtain the maximum amount of compensation for the harms your child has sustained.
Contrary to most lawsuits, birth injury cases usually end in settlements. Settlement occurs when all parties agree to a certain amount and stop any legal action. If you do not reach a resolution in your case, you could be taken to court where a judge and jury will decide the outcome.
Birth injuries can have long-lasting effects on your child or your entire family. It is essential to be in close contact with an attorney for birth injuries who has experience in dealing with such claims.
Settlement
Your attorney should work to obtain a fair settlement for your family. This will depend on the severity of your child's injuries and the needs that result from them. A serious birth injury , such as, could require years of care, often round-the-clock. Your lawyer will consult with medical and medical experts to determine the total cost of this treatment 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 situations your lawyer will mail an offer package that includes details of the facts and a dollar amount you'd like to settle your case. The insurance company will review your details and respond with a counter-offer. Your lawyer will negotiate a fair settlement with the insurance company.
If a settlement can't be reached, your attorney may make a claim for medical malpractice in the county in which the injury occurred. Based on the circumstances, you could identify as defendants your doctor and any other hospitals or doctors involved in your child's birth and the injury. Your attorney will be able to gather more information following the filing of a lawsuit, including depositions and sworn statements from witnesses, via a discovery process. This evidence will help support your legal arguments.
