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Birth Injury Legal Help
When children are born with an illness or injury because of medical negligence, families are confronted with massive financial costs. A birth injury attorney can help secure compensation that will cover costs and enhance the quality of life for a child.
To prevail in a birth injury lawsuit, families must prove four elements:
Statute of Limitations
It is essential to talk with a lawyer as soon as you can if you suspect medical negligence. This ensures that your claim is filed within your state's statute of limitations, as well as that you have enough time to construct a solid case and recover the right amount of compensation.
In general, a claimant has two and two-and-a-half (2-1/2) years to file a medical negligence lawsuit starting from the date of the incident of negligence. New York law extends the deadline to 10 years in cases filed by children in the event that they have not yet reached the age of 18.
In order to win a lawsuit for birth injuries, you must prove that the defendant violated their duty to you and caused your child's injury. The way to establish causation is usually by using expert testimony and evidence demonstrating best practices, which are generally accepted by the medical professionals.
Your attorney will conduct an investigation and collect all relevant evidence in your case, including medical records and test results from both you and your baby. Then, they will determine potential defendants and request the necessary documents from insurance companies. Once they have all the documents, they will send a demand note to the at-fault parties for damages in cash. If they are unwilling to negotiate the lawyer will bring a lawsuit to court. A lawsuit is usually settled through a trial, where each side presenting their evidence and arguments before a jury and judge.
Medical Experts
Birth injuries can have devastating consequences for the child and his family. It is crucial to seek legal help as soon as you can. The lawyer can then construct an evidence-based case using medical records and depositions of doctors. A lawyer may also ask an expert medical professional for a opinion and look over the case. This is a crucial step in any medical malpractice lawsuit.
Birth injuries aren't always easy to prove since symptoms may not be apparent until later. Parents may not notice birth injuries until their child has failed to meet developmental milestones, or until their doctor has suggested that there are cognitive and physical deficits. Signs of injury, like admission to the NICU or a need for a CT scan or MRI after birth, could also indicate a possible injury.
Causation is also a key component of a successful lawsuit for birth injuries. You must establish that the defendant's breach in duty caused your child to be injured. If the doctor hadn't committed the breach of duty, then your child would not have suffered an injury.
The majority of medical malpractice claims that involve birth injuries, are settled outside of court. In a settlement agreement, the parties must agree on a dollar value to settle the claim. The amount must reflect both past and future damages. Your lawyer will consult with financial and medical experts to determine the right amount.
Defendants
In order to win a birth injury lawsuit, you must show that your medical provider did not meet their duty of care. This is usually done by obtaining a medical expert witness's opinion. The medical expert will analyze the evidence in your case including any medical records and depositions of the doctors involved. The expert will determine whether your doctor acted according to the appropriate standards of practices for professionals who have similar qualifications, experience and conditions.
A lawyer can also engage financial experts to evaluate and calculate your losses considering your current, past, and future expenses. Your lawyer will negotiate with the hospital's or the malpractice insurance company of the physician and file a lawsuit when necessary, to get the highest amount of compensation for injuries suffered by your child.
Contrary to most lawsuits, birth injuries cases are often settled. A settlement occurs when all parties agree to a specific amount and stop all legal actions. If you are unable to reach a settlement in your case, it could be taken to court where a judge and jury will decide on the outcome.
A birth injury is a serious medical condition that can have long-lasting effects on your child and family. To get the best results it is important to consult with an experienced birth injury lawyer with a a track record of success in handling these claims.
Settlement
Your lawyer should do everything possible to ensure that your family receives an amount that is fair. This will depend on the severity of your child's injuries as well as the resulting demands. A severe birth injury, such as may require years of care and often round-the-clock. Your lawyer will consult with medical and health experts to understand the total costs of the care and create a proper damage claim.
In many instances, a doctor or hospital's malpractice insurer will offer to settle the matter without the need for litigation. In these instances your lawyer will mail a demand package containing details of the facts and the dollar amount you'd like to settle the case. The insurance company will review the details and respond to your request with a counter offer. Your lawyer will work with the insurance company to determine the fairness of the settlement.
If a settlement cannot be reached, your attorney may make a claim for medical malpractice in the county in which the incident occurred. Depending on the circumstances, you can identify as defendants your doctor and any other doctors or hospitals involved in the birth of your child and the injury. After the lawsuit is filed the attorney can get more details through the process of discovery, which includes depositions and the sworn testimony of witnesses. The evidence you gather will aid in your legal arguments.
