Birth Injury Legal Help

Families face huge financial burdens when a baby is born with an medically-caused injury or illness. A birth injury attorney can assist in obtaining compensation that can cover care costs and enhance the quality of life for a child.

Families must prove four elements to prevail in a lawsuit for birth injuries:

Statute of limitations

It is crucial to speak with a lawyer immediately if you suspect medical malpractice. This will ensure that your claim is filed at the right time to comply with your state's statutes limitations and you will have enough time to create a strong case and receive an appropriate amount of compensation.

A person generally has two and half (2-1/2 years) to bring a lawsuit for medical malpractice. The time period begins from the date of the incident. New York law extends this deadline to 10 years for cases brought on behalf of children, provided that the child is not yet the age of 18.

To win a birth injuries lawsuit, you must prove that the defendant violated their obligation to you causing your child's injuries. Causation is established by expert testimony and documents that demonstrate the best practices, which are accepted by the medical community.

Your attorney will conduct an investigation and gather the relevant evidence in your case including medical records and tests results from both you and your baby. Then, they'll identify potential defendants and request required documents from insurance companies. Once the paperwork is completed, they'll send a demand note to the at-fault parties for monetary damages. If they are unwilling to negotiate the lawyer will bring a lawsuit to court. A lawsuit is usually resolved by a trial in which each side will present its arguments and lawyers evidence before jurors and judges.

Medical Experts

If a child suffers a birth injury the result can be devastating consequences for the baby and his family. It is essential to seek legal assistance as quickly as you can. The lawyer will then be able to construct an argument based on medical records and depositions of doctors. Lawyers can also request a medical expert to review the case and give an opinion. This is a vital step in any medical malpractice case.

Many birth injuries are difficult to prove, as the symptoms may not manifest until much later. Parents may not notice birth injuries until their child has failed to meet developmental milestones, or until their pediatrician has stated that there are intellectual and physical deficits. Signs of an injury, like admission to the NICU or the need for a CT scan or MRI following birth, may be a sign of an injury.

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

Most medical malpractice claims like those involving birth injury, are settled out of court. In a settlement, the defendants must agree on a dollar amount to resolve the matter. The amount must reflect your past and future damages. Your lawyer will consult financial and medical experts to determine the correct amount.

Defendants

To win a birth injury lawsuit you must prove that your medical provider did not meet their duty of care. This is usually done by obtaining the opinion of medical expert witnesses. The medical expert will examine the evidence presented in your case, which includes depositions from the doctors involved in your case and medical documents. He or she will determine whether your doctor acted in accordance with the appropriate standard of care for professionals with similar training and expertise in the circumstances.

Lawyers also employ financial experts to assess and calculate your losses, taking into consideration your current, past, and future expenses. Your lawyer will engage with the hospital, or physician's malpractice company and will bring a lawsuit if necessary to ensure maximum compensation for your child's injuries.

Contrary to many lawsuits birth injury cases are typically settled. A settlement occurs when all parties agree to a specific amount of money and legal action ceases. If your case doesn't reach a settlement the case could go to trial, where a judge and jury will decide on your fate.

A birth injury can cause long-lasting harm to your child or your entire family. To achieve the best results it is important to work with an experienced birth injury lawyer with a proven track record of successfully handling such claims.

Settlement

Your lawyer should do everything possible to ensure that your family receives a fair settlement. This will depend on the severity of your child's injuries as well as the subsequent needs. For instance, a major lauderdale lakes birth injury lawyer injury could require many years of treatment, often around-the-clock. Your lawyer will consult medical and care experts to know the total cost of the care and file a suitable damage claim.

In a lot of cases doctors or hospitals' malpractice insurance company will offer to settle the matter without the need for litigation. In these situations your lawyer will mail a demand package containing an exhaustive description of the facts and a dollar amount that you want to settle your case. The insurer will review the information and respond with a counteroffer. Your lawyer will negotiate with the insurance company to decide on an appropriate settlement.

When a settlement cannot be reached, your attorney can bring a medical malpractice suit in the county where the incident occurred. Based on the circumstances, you can name as defendants your doctor and any other hospitals or doctors involved in the birth of your child and the injury. Your lawyer will gather additional information following the filing of an action, such as depositions and sworn testimony from witnesses through discovery. This evidence can be used to support your legal arguments.