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Birth Injury Legal Help
When the child is born with an illness or injury due to medical negligence, families have to deal with enormous financial costs. A birth injury lawyer can help 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 for birth injuries:
Statute of limitations
Regardless of how the injury was sustained, it is essential to seek legal advice as soon as you suspect that medical negligence. birth injury lawyers ensures that your claim is filed within the state's statute of limitations, as well as that you have sufficient time to build a strong case and receive an appropriate amount of compensation.
A person who is a plaintiff typically has two and half (2-1/2 years) to make a claim for medical malpractice, beginning from when the negligence occurred. New York law extends the deadline to 10 year for cases filed by children even if they haven't yet reached their 18th Birthday.
To prevail in a lawsuit involving birth injuries, you must prove that the defendant acted in breach of his or her duty to you and caused the injury to your child. Causation is established by expert testimony and documents that show best practices, which have been endorsed by the medical community.
Your lawyer will conduct an investigation and gather any relevant evidence to your case including medical records as well as tests results from both you and your child. Then, they'll identify potential defendants and request the required documents from the insurance companies. Once they have completed the procedure, they will send a demand letter for damages in money to the parties responsible. If they are unable to reach a settlement with you, your lawyer will file suit in court. A lawsuit is usually settled by a trial in which each side is required to present its evidence and arguments before jurors and judges.
Medical Experts
Birth injuries can have devastating effects on the child and his family. It is important to get legal help as soon as you can. This will allow the attorney to present a convincing case using evidence like medical records and depositions of doctors. Lawyers can also request a medical expert to review the case and offer an opinion. This is an essential step in any medical malpractice lawsuit.
Birth injuries aren't always easy to prove since symptoms may not be evident until later. Parents may not realize they have injuries until their child has failed to meet developmental milestones, or until their pediatrician has stated that there are cognitive and physical deficiencies. Signs of injury, such as admission to the NICU or the need for a CT scan or MRI after birth, may also indicate a possible injury.
Causation is also a key element in a successful lawsuit for birth injuries. You must prove that the breach of duty by the defendant caused your child's injury. If the doctor had not committed the breach of duty, 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 agreement, the defendants must reach an agreement on a dollar amount to settle the case. The amount must reflect past and future damages. Your lawyer will work with medical and financial experts to determine the appropriate amount.
Defendants
A successful birth injury lawsuit needs establishing that your medical provider has violated their duty of care. This is typically done by obtaining a medical expert witness' opinion. The medical expert will examine the evidence in your case including medical records and depositions of the doctors involved. The expert will determine whether your doctor's actions are in accordance to the appropriate standards of procedure for professionals with similar training, expertise and circumstances.
Lawyers also employ financial experts to evaluate and calculate your losses taking into consideration the present, past and future costs. Your lawyer will engage with the hospital's physician's malpractice insurer and file a lawsuit when necessary, to get the maximum amount of compensation for injuries sustained by your child.
Contrary to many lawsuits birth injuries cases are generally settled. A settlement is when all parties agree to pay a set amount of money, and legal proceedings cease. If you do not reach a settlement in your case, you may go to court, where a jury and judge will decide on the outcome.
A birth injury can have lasting effects on your child or your entire family. It is crucial to collaborate with an attorney who is experienced in dealing with such claims.
Settlement
Your lawyer should help secure a full settlement for your family. This will depend on the nature of your child's injuries and resulting needs. A severe birth injury, for instance, could require years of care, often, round-the-clock. Your lawyer will consult medical and medical experts to determine the total cost of this treatment and file an appropriate claim.
In many cases the malpractice insurance policy of a medical facility or hospital will offer the option of settling a case with no litigation. In these situations your lawyer will present a demand package that contains a full description of the facts surrounding your case as well as a proposed dollar amount to settle the matter. The insurance company will examine the information and respond to your request with a counter-offer. Your lawyer will negotiate an equitable settlement with the insurance company.
If a settlement cannot be reached, your attorney can pursue a medical malpractice lawsuit in the county in which the incident occurred. You may be able to name your doctor, along with any other doctors or hospital involved in the birth of your child and the injury, as defendants based on circumstances. Your attorney will be able to gather more information after filing an action, such as depositions, sworn statements and other evidence from witnesses, through a discovery process. This evidence will be used to support your legal arguments.
