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Birth Injury Legal Help
If a child is born with an injury or illness due to medical negligence families have to deal with enormous financial costs. 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 elements to win a lawsuit claiming birth injuries:
Statute of Limitations
Regardless of how the injury was sustained, it's essential to seek legal advice as soon as you suspect that medical negligence. This will ensure that your claim is filed within your state's statute of limitations, and that you have sufficient time to construct a solid claim and get fair compensation.
A plaintiff generally has two and half (2-1/2 years) to file a lawsuit for medical malpractice, beginning on when the negligence occurred. New York law extends the deadline to 10 year for cases brought by children if they have not yet reached the age of 18.
To win a birth injury lawsuit, you must demonstrate that the defendant violated their duty to you when creating injuries for your child. Causation is usually established by using expert testimony and evidence demonstrating the best practices, which are generally accepted by the medical profession.
Your lawyer will look into your case and collect all relevant evidence, including medical records for you and your child. They will then identify potential defendants and get the necessary documents from their insurance companies. Once complete, they will send a demand note to the at-fault parties asking for financial damages. If they refuse to negotiate, your lawyer will start a lawsuit in court. A lawsuit is usually settled by a trial in which both sides present their arguments and evidence before an impartial jury and judge.
Medical Experts
If a baby is injured during birth an injury at birth and suffers a devastating consequences for the child and family. It is essential to seek legal help as quickly as possible. The lawyer can then construct an argument based on medical records and depositions of doctors. Lawyers may also approach the medical expert for a opinion and look over the case. This is a vital step in any medical malpractice case.
Birth injuries aren't always easy to prove since symptoms may not show up until later. Parents may not realize they have injuries until their child has failed to meet milestones in development, or when their pediatrician has determined that there are cognitive and physical deficiencies. A possible injury may be identified by signs such as admission to the NICU or a need for an CT or MRI scan following the birth.
Causation is also a key aspect of a successful lawsuit for birth injuries. You must prove that the breach of duty by the defendant caused your child's injury. This means that if the doctor did not commit the breach of duty your child wouldn't've suffered any injury.
Most medical malpractice cases that involve birth injury and birth injuries, are settled outside of court. In a settlement agreement, the parties have to reach an agreement on a dollar amount in order to resolve the case. The amount must reflect your present and future damages. Your lawyer will collaborate with medical and financial experts to determine the right amount.
Defendants
A successful birth injury lawsuit requires establishing that your medical provider did not fulfill their duty of care. This is typically done by obtaining the opinion of an expert witness from a medical field. The expert medical examines the evidence of your case, including depositions of the doctors involved in your case, as well as medical records. The expert will determine whether your doctor acted accordance with the appropriate standards of care for professionals with similar qualifications and experience in the particular circumstances.
A lawyer may also employ experts in finance to analyze and estimate your losses, taking into account past, current, and future expenses. Your lawyer will bargain with the hospital's or physician's malpractice insurance and file a lawsuit, should it be necessary, to ensure the highest amount of compensation for injuries suffered by your child.
Contrary to the majority of lawsuits, birth injuries cases are often settled. A settlement is when all parties agree to a minimum amount of money and legal action ceases. If you are unable to reach a resolution in your case, the case may go to court, where a jury and judge will decide on the outcome.
A birth injury can be a long-lasting affliction on your child or family. It is important to work closely with an attorney who has experience in handling such claims.
Settlement
Your attorney should do everything possible to ensure that your family receives a fair settlement. This will depend on the nature of your child's injuries and the subsequent needs. For instance, a serious birth injury can lead to years of care, usually around-the-clock. Your lawyer will consult with medical and care experts to determine the total cost of this care and file an appropriate claim.
In a majority of cases the hospital's or doctor's malpractice insurance company will offer to settle the case without the necessity of litigation. In these instances your lawyer will present an order package that includes an exhaustive description of the facts of your case, along with a proposed dollar amount to settle it. The insurance company will scrutinize the information and respond with a counteroffer. Your lawyer will negotiate an equitable settlement with the insurance company.
If a settlement isn't reached, your lawyer can file a lawsuit for medical malpractice in the state of the injury. You could be able to include your doctor, and any other hospital or doctor involved in the birth of your child and the injury as defendants, based on the circumstances. Your lawyer will gather additional information following the filing of a lawsuit, which includes depositions, sworn statements and other evidence from witnesses, as part of a discovery process. This information will support your legal arguments.
