Birth Injury Legal Help
If a child is born suffering from an illness or injury due to medical negligence, families have to deal with enormous financial costs. A birth injury attorney can help secure compensation that can cover care costs and enhance a child’s quality of life.
To prevail in a birth injury lawsuit, families must prove four things:
Statute of Limitations
Whatever the way in which the injury was sustained, it is important to seek legal counsel immediately if you suspect that medical negligence. This will ensure that your claim is filed in time for your state’s statutes of limitations and that you have sufficient time to develop a solid case and receive the right amount of compensation.
In general, a person has 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 time limit to 10 years for birth injury attorney cases brought on behalf of children, provided the child has not reached the age of 18.
To be successful in a lawsuit against birth injuries, you must prove that the defendant breached his or her duty to you and caused the injury to your child. The cause of the injury is usually determined by using expert testimony and documents that show best practices, which are generally accepted by the medical professionals.
Your attorney will conduct an investigation and collect all relevant evidence in your case, including medical records and tests results from both you and your child. They will then determine potential defendants and get the necessary documents from their insurance companies. Once complete, they will send a demand note to the parties at fault for damages in the form of money. If they don’t agree to a settlement then your lawyer will start a lawsuit in court. A lawsuit is generally resolved by trial, with each side presenting their evidence and arguments to a judge and jury.
Medical Experts
A birth injury can have devastating effects on the child and his family. It is imperative to seek legal assistance as soon as possible. This will enable the lawyer to build a strong case, by using evidence, such as medical documents and depositions of doctors. Lawyers can also request a medical expert to provide an opinion and review the case. This is a vital aspect in any medical malpractice case.
Birth injuries aren’t always easy to prove as symptoms might not be apparent until later. Parents may not realize they have injuries until their child has failed to meet developmental milestones, or until their pediatrician has stated that there are cognitive and physical limitations. Signs of injury, such as admission to the NICU, or birth injury attorney the need for a CT scan or MRI following birth, may be a sign of a potential injury.
Causation is another crucial component of a successful lawsuit for birth injury. You must establish that the defendant’s breach in duty caused your child to be injured. This means that if the doctor did not commit the breach of duty the child would not have suffered an injury.
The majority of medical malpractice claims that involve birth injuries, are settled out of court. In a settlement, the defendants must reach an agreement on an amount in dollars to settle the matter. The amount must reflect your present and future damages. Your lawyer will consult financial and medical experts in order to determine the right amount.
Defendants
To win a birth injury lawsuit, you must prove that your medical professional violated their duty of care. This is typically done by obtaining a medical expert witness’ opinion. The medical expert will review the evidence in your case, including any medical records and depositions taken by doctors involved. They will determine whether your doctor’s actions were in accordance to the standard of practices for professionals with similar training, expertise and circumstances.
A lawyer can also engage experts in finance to evaluate and calculate your losses taking into account past, current, and future expenses. Your lawyer will bargain with the hospital’s or medical malpractice insurer and file a lawsuit, should it be necessary, to ensure the highest amount of compensation for injuries suffered by your child.
Contrary to the majority of lawsuits, birth injuries cases are often settled. A settlement is when all parties agree to a set amount of money, and legal action ceases. If your case doesn’t settle the case could go to trial, where the jury and a judge will decide your fate.
A birth injury is a serious medical problem that can cause lasting harm on your child as well as your family. For the best results, it is important to work with an experienced birth injury lawyer who has a track record of settling these claims successfully.
Settlement
Your attorney must work to find a full settlement for your family. It will depend on the extent of your child’s injury and the needs that result from them. A severe birth injury, for example can require years of treatment and typically, 24/7. Your lawyer will consult medical and care experts to determine the amount of care required and then file a suitable claim.
In many instances the malpractice insurance policy of a hospital or doctor will offer the option of settling a case with no litigation. In these cases your lawyer will file an order package that includes an extensive description of the facts of your case along with a suggested dollar amount to settle the matter. The insurer will review your information and respond by counter-offering. Your lawyer will work with the insurance company to determine the fairness of the settlement.
If a settlement can’t be agreed upon, your attorney may file a medical malpractice lawsuit in the county in which the incident occurred. You may be able to name your doctor, and any other hospital or doctor involved in the birth of your child and the injury as defendants depending on the circumstances. Your lawyer will gather additional information following the filing of a lawsuit, including depositions and sworn testimonies from witnesses through a discovery process. This evidence can be used to support your legal arguments.