Birth Injury Legal Help
When children are born with an illness or injury due to medical negligence, families are faced with huge financial costs. A birth injury lawyer can assist families obtain compensation to pay for medical expenses and improve the quality of life for their children.
To win a birth injury lawsuit, families must prove four things:
Statute of limitations
Regardless of how the injury occurred, it's important to seek legal counsel immediately if you suspect that medical negligence. This will ensure that your claim is filed at the right time for the statutes of limitations and you will have enough time to develop a solid case and recover fair compensation.
A plaintiff generally has two and a half (2-1/2 years) to bring a lawsuit for medical malpractice, beginning from the date of the incident. New York law extends this deadline to 10 years for cases brought on behalf a child, provided the child is not yet the age of 18.
To win a birth injuries lawsuit, you must demonstrate that the defendant breached their obligation to you by creating injuries for your child. The causation is established through expert testimony and evidence that demonstrates the best practices, which have been accepted by the medical community.
Your attorney will look into your case and gather all relevant evidence, including medical records for you and birth injury lawyer your child. Then, they will identify potential defendants and request the required documents from the insurance companies. Once they have all the documents, they will send a demand letter to the parties at fault for monetary damages. If they do not agree to negotiate with you, your lawyer will bring suit in the court. A lawsuit is usually settled by trial, with each side presenting their evidence and arguments before a judge and a jury.
Medical Experts
A birth injury could have devastating consequences for the child and his family. It is crucial to seek legal assistance as quickly as you can. The lawyer will then be able to construct an effective case based on medical records and doctor depositions. Lawyers may also approach an expert medical professional for an opinion and to look over the case. This is an essential aspect in any medical malpractice case.
Many birth injuries are difficult to prove, since the symptoms might not be evident until a long time later. Parents may not realize they have injuries until their child has missed developmental milestones, or until their pediatrician has indicated that there are cognitive and physical deficits. A potential injury could be detected through indications such as admission to the NICU, or a need for an CT or MRI scan after birth.
Causation is a crucial aspect of a successful lawsuit for birth injury lawsuits injury. You must demonstrate that the defendant's lapse in duty caused your child to suffer injury. If the doctor had not committed the breach of duty, your child would not have sustained an injury.
The majority of medical malpractice claims such as birth injuries, are settled out of court. In a settlement agreement, the defendants must reach a consensus on a price in order to resolve the claim. The amount must reflect both past and future damages. Your lawyer will collaborate with medical and financial experts to determine the right amount.
Defendants
In order to succeed in a birth injury lawsuit you must prove that your medical professional did not meet their duty of care. This is usually accomplished by obtaining a medical expert witness's opinion. The medical expert will review the evidence in your case including medical records and depositions taken by doctors involved. They will determine whether your doctor's actions were in accordance to the proper standard of procedure for professionals who have similar qualifications, experience and circumstances.
A lawyer can also engage financial experts to evaluate and calculate your losses, taking into consideration the present, past, and future expenses. Your lawyer will engage with the hospital, or physician's malpractice company and make a claim if needed to obtain the maximum amount of compensation for the injuries your child sustained.
Contrary to most lawsuits, birth injuries cases are usually settled. A settlement occurs when all parties reach an agreement on a specific amount and stop all legal action. If your case doesn't reach a settlement, it may go to trial where jurors and judges will decide the outcome.
A birth injury can be a long-lasting affliction on your child or your entire family. It is essential to be in close contact with a birth injury lawyer who has experience in handling such claims.
Settlement
Your attorney should work to obtain a fair settlement for your family. It will depend on the injuries your child has suffered and the demands that result. A severe birth injury, such as may require years of treatment and often, round-the-clock. Your lawyer will consult with medical and care experts in order to determine the total cost of the care and submit a valid claim.
In a majority of cases the hospital's or doctor's malpractice insurer will offer to settle the case without the need for litigation. In these instances your lawyer will mail an order package with an extensive description of the facts and a dollar amount you would like to offer to settle the case. The insurance company will examine the information and respond with a counter-offer. Your lawyer will negotiate with the insurance company in order to reach the fairness of the settlement.
If no settlement is reached, your lawyer may bring a lawsuit against a medical negligence in the county of the injury. You could 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. Once the lawsuit is filed, your attorney can obtain additional information via the process of discovery, that includes depositions, as well as sworn testimony from witnesses. This evidence will be used to support your legal arguments.