공지사항

Birth Injury Legal Help

Families are faced with enormous cost of living when a child is born with a medically caused injury or illness. A birth injury lawyer can assist families secure compensation to cover medical expenses and improve the quality of life for their children.

Families must prove four elements to win a lawsuit claiming birth injury:

Statute of limitations

It is essential to talk with a lawyer as soon as you can if you suspect medical malpractice. This will ensure that your claim is filed within the timeframe for your state's statutes limitations and that you have sufficient time to develop a solid claim and get an appropriate amount of compensation.

A person generally has two and a half (2-1/2 years) to file a lawsuit for medical malpractice, starting from the date that the malpractice occurred. New York law extends this time limit to 10 years for cases filed on behalf of a child, provided the child has not reached the age of 18.

To win a birth injury lawsuit, you must demonstrate that the defendant violated their obligation to you inflicting injuries on your child. The way to establish causation is usually through evidence from experts and documents that demonstrate the best practices, which are widely accepted by the medical professionals.

Your lawyer will look into your case and gather all relevant evidence including medical records for you and your child. Then, they will determine potential defendants and request the necessary documents from insurance companies. Once the paperwork is completed, they'll send a demand notice to the parties at fault for monetary damages. If they refuse to negotiate then your lawyer will file a lawsuit in court. A lawsuit is usually settled through a trial, with each side presenting its evidence and arguments before a judge and a jury.

Medical Experts

Birth injuries can have devastating effects on the child and his family. It is imperative to seek legal assistance as soon as you can. This will enable the lawyer to construct a strong case, using evidence like medical records and depositions of doctors. Lawyers may also approach an expert medical professional to give an opinion or review the case. This is a crucial element in any medical malpractice case.

Birth injuries aren't always easy to prove since symptoms may not be apparent until later. Parents may not realize they have injuries until their child has failed to meet developmental milestones, or their pediatrician has determined that they have intellectual and physical limitations. Signs of injury, like admission to the NICU, or the need for a CT scan or MRI after birth, could also be an indication of a possible injury.

Causation is an additional element in the success of a birth injury lawsuit. You must prove that the defendant's breach of duty caused the injury to your child. This means that if the doctor did not do the wrong thing the child would not have suffered an injury.

The majority of medical malpractice cases that involve birth injuries, settle outside of court. In a settlement agreement, the defendants have to reach an agreement on a dollar amount in order to resolve the case. The amount must reflect your past and future damages. Your lawyer will consult medical and financial experts in order to determine the correct amount.

Defendants

In order to succeed in a birth injury lawsuit you must show that your medical provider did not meet their duty of care. This is typically done by obtaining an expert medical witness' opinion. The medical expert will look over your case's evidence, including depositions of the doctors who were involved in your case and any medical documents. He or she will determine whether your doctor's actions were in conformity with the appropriate standards of care for doctors with similar qualifications and experience under the circumstances.

A lawyer can also engage financial experts to assess and calculate your losses, taking into consideration your current, past and future costs. Your lawyer will bargain with the hospital's or physician's malpractice insurer and file a lawsuit if necessary, to secure the maximum amount of compensation for injuries sustained by your child.

Contrary, to most lawsuits birth injuries cases are often settled. Settlement occurs when all parties agree to a certain amount and stop all legal action. If your case is unable to come to a settlement the case could go to trial, and a judge and jury will decide the outcome.

A birth injury is a serious medical condition which can have lasting consequences on your child and the family. It is crucial to cooperate with a birth injury lawyer who has experience in handling such claims.

Settlement

Your lawyer should do everything possible to ensure that your family receives an amount that is fair. It will depend on the severity of your child's injuries and the subsequent needs. A severe birth injury, such as might require years of care and frequently, it is necessary to be on call 24/7. Your lawyer will consult with medical and health experts to understand the total costs of this care and create a proper damage claim.

In many cases, the malpractice insurance of a medical facility or hospital will offer to settle a matter without litigation. In these instances the lawyer will then send a demand package containing an exhaustive description of the facts and the dollar amount that you propose to settle your case. The insurance company will scrutinize the information provided and then respond with a counteroffer. Your lawyer will negotiate with the insurance company to come up with a fair settlement.

If a settlement can't be reached, your attorney can file a medical malpractice lawsuit in the county where the injury occurred. Based on the circumstances, you may identify as defendants your doctor and any other doctors or hospitals involved in the birth of your child and the injury. Your attorney can gather more information after filing an action, such as depositions, sworn statements and other evidence from witnesses through discovery. This evidence will be used to support your legal arguments.