Five Birth Injury Claim Lessons Learned From Professionals

Birth Injury Legal Help

When children are born with an injury or illness because of medical negligence, families are confronted with massive financial costs. A birth injury attorney can assist in obtaining compensation that can cover care expenses and improve the quality of life for a child.

Families must show four things to prevail in a lawsuit against birth injuries:

Statute of limitations

It is essential to speak with an attorney immediately if you suspect medical negligence. This ensures that your claim is filed within the state's statute of limitations, as well as that you have enough time to construct a solid case and recover fair compensation.

In general, a plaintiff has two and half (2-1/2) years to file a medical malpractice lawsuit starting from the date of the occurrence of negligence. New York law extends this time limit to 10 years for cases brought on behalf children, provided that the child has not yet reached the age of 18.

To prevail in a lawsuit involving birth injuries, you need to prove that the defendant acted in breach of their duty to you and caused your child's injury. Causation is established by expert testimony and documents that show the best practices, which are accepted by the medical community.

Your lawyer will investigate your case and collect all relevant evidence, including medical records for you and your child. They will then identify potential defendants and request necessary documents from insurance companies. After they have completed the process, they'll send a demand letter for damages in the amount of money to the parties at fault. If they are unwilling to negotiate, your lawyer will start a lawsuit in court. A lawsuit is usually resolved through a trial during which each side is required to present its evidence and arguments in front of the jury and a judge.

Medical Experts

When a baby suffers from an injury at birth, it can have devastating effects for the child and family. It is imperative to seek legal help as quickly as you can. An attorney can then create an effective case based on medical records and depositions of doctors. A lawyer may also seek an expert from a medical field to review the case and give an opinion. This is an essential element in any medical malpractice case.

Many birth injuries are difficult to prove because the signs might not manifest until much later. Parents often don't notice them until their child fails to meet developmental milestones or their pediatrician indicates that there are intellectual and physical deficits. A possible injury may be detected by indicators such as admission to the NICU or the need for a CT or MRI scan following the birth.

Causation is also a key element in a successful lawsuit for birth injuries. You must demonstrate that the defendant's lapse in duty caused your child's injury. If the doctor had not committed the breach of duty, your child would not have suffered an injury.

Most medical malpractice cases like those involving birth injuries that are settled out of court. In a settlement, defendants must reach an agreement on an amount of money to settle the matter. The amount must reflect your past and future damages. Your lawyer will consult with experts in financial and medical fields to determine the right amount.

Defendants

To succeed in a birth injury lawsuit, you must show that your medical provider did not meet their duty of care. This is typically accomplished by seeking the opinion of an expert witness in the field of medicine. The medical expert will analyze the evidence in your case, including medical records as well as depositions made by the doctors involved. He or she will determine whether your doctor's actions conform to the appropriate standard of practice for professionals who have similar qualifications, experience and circumstances.

A lawyer will also hire experts in finance to evaluate and calculate your losses, considering the present, past, and future expenses. Your lawyer will discuss with the hospital's medical malpractice insurer and file a lawsuit, when necessary, to get the maximum amount of compensation for injuries sustained by your child.

Contrary to most lawsuits, birth injury cases are typically settled. A settlement occurs when all parties agree to an amount and cease all legal action. If you fail to agree to a settlement in your case, it could go to court, where a judge and jury will decide on the outcome.

Birth injuries can have long-lasting effects on your child or your entire family. For birth injury attorney the best results it is essential to work with an experienced birth injury attorney who has an established track record of settling these claims successfully.

Settlement

Your attorney must do everything possible to ensure that your family receives an amount that is fair. It will depend on your child's injuries and the subsequent needs. For instance, a severe birth injury could result in years of medical care, which is often throughout the day. Your lawyer will consult with medical and health experts to determine the total cost of this treatment and then file a suitable claim.

In a majority of cases the hospital's or doctor's malpractice insurance company will offer to settle the matter without the necessity of litigation. In these situations your lawyer will file an offer package that includes a full description of the facts surrounding your case, along with a proposed dollar amount to settle it. The insurance company will examine the information and respond with a counteroffer. Your lawyer will work with the insurance company in order to reach a fair settlement.

If a settlement is not agreed upon, your attorney may file a medical malpractice lawsuit in the county where the incident occurred. You may be able to include your doctor, and any other hospitals or doctors involved in the birth of your child and the accident, as defendants based on circumstances. Your attorney will be able to gather more information after filing a lawsuit, which includes depositions and sworn testimony from witnesses, as part of a discovery process. This evidence can be used to support your legal arguments.