Birth Injury Legal Help
Families are faced with huge cost of living when a child is born with a medically-caused injury or illness. A birth injury attorney can help secure compensation that can cover care costs and enhance the quality of life for a child.
Families must show four things to prevail in a lawsuit against birth injury:
Statute of limitations
It is important to consult an attorney immediately if you suspect medical malpractice. This will ensure that your claim is filed on time for your state's statutes of limitations and that you have the time to create a strong case and recover an appropriate amount of compensation.
In general, a party has two and one-half (2-1/2) years to file a medical malpractice lawsuit from the date of the act of negligence. New York law extends this time limit to 10 years for cases brought on behalf of children, provided that the child has not yet reached their 18th birthday.
To win a birth injury lawsuit, you must show that the defendant breached their duty to you by the child's injuries. Causation is usually established through the use of evidence from experts and documents that demonstrate the best practices, which are widely accepted by the medical profession.
Your attorney will look into your case and gather all relevant evidence, including medical records for you and your child. Then, they'll identify potential defendants and request necessary documents from insurance companies. After they have completed the process, they'll send a demand letter requesting damages in money to the parties at fault. If they are unable to reach a settlement with your lawyer, they will bring suit in court. A lawsuit is usually resolved by a trial, in which each side presenting their evidence and arguments before a jury and a judge.
Medical Experts
When a baby suffers from a birth injury and suffers a devastating effects for the family and child. It is important to seek legal help as soon as you can. An attorney can then create an argument based on medical records and depositions of doctors. Lawyers can also request an expert from a medical field to review the case and give an opinion. This is an essential aspect in any medical malpractice case.
Birth injuries aren't always easy to prove because symptoms may not be evident until later. Parents may not notice them until their child fails to meet developmental milestones or until their pediatrician suggests intellectual and physical limitations. A potential injury could be detected by signs such as admission to the NICU or a need for a CT or MRI scan following the birth.
Causation is another key aspect in a successful
birth injury lawsuit. You must show that the defendant's failure in duty caused your child's injury. If the doctor hadn't committed the breach of duty, your child would not have sustained an injury.
Most medical malpractice cases that involve birth injuries or
birth injury law firm injury, are settled out of court. In a settlement agreement, the defendants must agree on a dollar value to settle the case. The amount must reflect your present and future damages. Your lawyer will consult with financial and medical experts in order to determine the appropriate amount.
Defendants
A successful birth injury lawsuit needs the proof that your doctor has violated their duty of care. This is typically done by obtaining an expert medical witness's opinion. The expert medical examines the evidence presented in your case, which includes depositions from the doctors involved in your case and medical documents. They will determine whether your doctor acted according to the standard of practices for professionals with similar training, expertise and conditions.
An attorney will also work with financial experts to analyze your losses and calculate fair damages that take into account both present and future expenses. Your lawyer will engage with the hospital's physician's malpractice insurance and file a lawsuit should it be necessary, to ensure maximum compensation for injuries suffered by your child.
As opposed to most lawsuits injury cases are usually resolved in settlements. A settlement occurs when all parties agree to pay a set amount of money, and the legal process ceases. If you don't reach a settlement agreement in your case, the case could be taken to court where a jury and judge 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 work with an experienced birth injury attorney who has an established track record of successfully handling such claims.
Settlement
Your attorney should do everything possible to ensure that your family receives an appropriate settlement. It will depend on the severity of your child's injuries, and the resulting needs. For instance, a severe birth injury could result in years of medical care, which is often throughout the day. Your lawyer will consult medical and care experts to determine the total cost of this treatment and then file a suitable claim.
In many cases the malpractice insurance of a hospital or doctor will offer the option of settling a case with no litigation. In these instances your lawyer will provide a demand package containing an exhaustive description of the facts and the dollar amount you would like to offer to settle your case. The insurance company will examine the information and respond to your request with a counter-offer. Your lawyer will negotiate with the insurance company to determine the most fair settlement.
If a settlement can't be reached, your attorney could bring a medical malpractice suit in the county where the incident occurred. You may be able name your doctor, along with any other hospital or doctor involved in the birth of your child and the injury as defendants based on the circumstances. Your attorney can gather more details after filing an action, such as depositions and sworn testimonies from witnesses, through discovery. This evidence will support your legal arguments.
