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Birth Injury Legal Help

Families are faced with huge financial costs when a child is born with a medically-caused injury or illness. A birth injury lawyer can assist families receive compensation to cover medical expenses and improve the quality of life for their children.

To win a birth injury lawsuit, families must prove four elements:

Statute of limitations

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

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

To be successful in a lawsuit against birth injuries, you need to prove that the defendant violated his or her obligation to you and caused the injury to your child. Causation is typically established through the use of expert testimony and evidence demonstrating the best practices, which are widely accepted by the medical professionals.

Your attorney will investigate and gather any relevant evidence to your case, including medical records and tests results from both you and your baby. They will then identify potential defendants and get the necessary documents from their insurance companies. After they have completed the procedure, they will send a demand note for damages in the amount of money to the parties at fault. If they do not agree to negotiate with your lawyer, they will take action in court. A lawsuit is usually resolved by trial, with each side presenting evidence and arguments before a jury and a judge.

Medical Experts

If a baby is injured during birth a birth injury, it can have devastating consequences for the child and family. It is essential to seek legal assistance as quickly as you can. The lawyer can then construct an argument based on medical records and depositions of doctors. A lawyer can also ask the medical expert to give an opinion or analyze the case. This is a crucial step in any medical malpractice case.

Many birth injuries are difficult to prove, because the signs might not show up until much later. Parents may not recognize birth injuries until their child has missed developmental milestones, or their doctor has suggested that their child has intellectual and physical limitations. Signs of injury, like admission to the NICU or a need for an CT scan or MRI after birth, can be a sign of a potential injury.

Causation is another key factor in a successful birth injury lawsuit. You must establish that the defendant's breach in duty caused your child to suffer injury. This means that if the doctor didn't make the breach of duty then your child wouldn't have been injured.

Most medical malpractice cases that involve birth injury and birth injuries, are settled outside of court. In a settlement, the defendants must agree on the amount of money needed to settle the case. The amount must reflect past and future damages. Your lawyer will consult with financial and medical experts to determine the proper amount.

Defendants

A successful birth injury lawsuit requires the proof that your doctor breached their duty of care. This is usually accomplished by seeking the opinion of a medical expert witness. The medical expert will examine the evidence in your case, including depositions of the doctors who were involved in your case as well as any medical records. He or she will determine whether your doctor's actions are in accordance to the appropriate standard of practices for professionals who have similar qualifications, experience and circumstances.

A lawyer may also consult financial experts to evaluate your losses and estimate reasonable damages that account for past, present, and future expenses. Your attorney will discuss with the hospital or the doctor's malpractice insurer and make a claim if needed to secure maximum compensation for the injuries your child sustained.

Unlike most lawsuits, birth injury cases often resolve in settlements. Settlement occurs when all parties agree to an amount and cease any legal actions. If you fail to reach a settlement in your case, the case could go to court, where a judge and jury will decide on the outcome.

A birth injury is a serious medical problem that can cause lasting harm on your child as well as your family. To achieve the best results it is essential to choose a skilled birth injury lawyer who has a track record of success in handling these claims.

Settlement

Your lawyer must do all possible to ensure that your family receives an appropriate settlement. This will depend on the severity of your child's injuries as well as the resulting demands. A serious birth injury, such as may require years of medical attention and often, round-the-clock. Your lawyer will consult medical and care experts to determine the amount of care required and then file a suitable claim.

In many cases the malpractice insurance of a medical facility or hospital will offer the possibility of settling a case without litigation. In these instances your lawyer will file a demand package that contains a full description of the facts of your case as well as a proposed dollar amount to settle it. The insurance company will review your details and respond with a counteroffer. Your lawyer will negotiate an acceptable settlement with the insurance company.

If a settlement can't be reached, your attorney may file a medical malpractice lawsuit in the county where the injury occurred. Depending on the circumstances, you could claim as defendants your doctor and any other hospitals or doctors involved in the birth of your child and the injury. Your attorney can gather more details after filing a lawsuit, including depositions and sworn statements from witnesses through the discovery process. The evidence you gather will aid in your legal arguments.