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Birth Injury Legal Help
When a child is born suffering from an injury or illness due to medical negligence families have to deal with enormous financial costs. A birth injury attorney can assist in obtaining compensation to cover medical costs and enhance the quality of life for a child.
To win a birth injury lawsuit, families must prove four elements:
Statute of Limitations
No matter how the injury occurred, it's crucial to seek legal advice whenever you suspect medical negligence. This will ensure that your claim is filed on time for the statutes of limitations and that you have enough time to construct a strong case and obtain fair compensation.
In general, a party has two and birth Injury attorney a half (2-1/2) years to file a medical malpractice lawsuit that begins from the date of the incident of negligence. New York law extends the deadline to 10 year for cases brought by children who has not yet reached their 18th Birthday.
To win a birth injury lawsuit, you must demonstrate that the defendant breached their duty to you by inflicting injuries on your child. The cause of the injury is usually determined through the use of expert testimony and evidence demonstrating the best practices, which are widely accepted in the medical community.
Your attorney will look into your case and gather all relevant evidence including medical records for you and your child. They will also identify potential defendants and collect the necessary documents from their insurance companies. Once complete, they will send a demand note to the at-fault parties asking for damages in the form of money. If they are unwilling to negotiate then your lawyer will begin a lawsuit in the courtroom. A lawsuit is usually resolved through a trial, where both sides presenting their evidence and arguments to a judge and jury.
Medical Experts
A birth injury could have devastating consequences for the child and his family. It is crucial to seek legal help as soon as possible. This will allow the attorney to present a convincing case using evidence like medical documents and depositions of doctors. A lawyer can also get a medical expert to review the case and provide an opinion. This is a vital aspect in any medical malpractice case.
Birth injuries can be difficult to prove since symptoms may not manifest until later. Parents may not recognize birth injuries until their child has failed to meet developmental milestones, or until their pediatrician has stated that their child has intellectual and physical deficits. Signs of an injury, like admission to the NICU, or the need for an CT scan or MRI after birth, may be a sign of an injury.
Causation is a crucial element in a successful lawsuit for birth injury. You must prove that the defendant's breach of duty caused the injury of your child. If the doctor hadn't committed the breach of duty, then your child would not have suffered an injury.
The majority of medical malpractice cases which include birth injuries, are settled outside of court. In a settlement, the defendants must reach an agreement on the amount of money needed to settle the claim. The amount must reflect your past and future damages. Your lawyer will consult with financial and medical experts to determine the appropriate amount.
Defendants
A successful birth injury lawsuit needs proving that your medical professional violated his or her duty of care. This is usually done by obtaining a medical expert witness's opinion. The medical expert will review the evidence in your case, including medical records and depositions taken by doctors involved. He or she will determine whether your doctor acted in conformity with the appropriate standard of care required for professionals with similar qualifications and expertise in the particular circumstances.
A lawyer can also employ experts in finance to assess your losses and calculate fair damages that take into account the past, present and future expenses. Your lawyer will engage with the hospital, or physician's malpractice company and will bring a lawsuit if necessary to get the most compensation possible for the harms your child has sustained.
Contrary to most lawsuits, birth injury cases are typically settled. Settlements occur when all parties agree on an amount and cease any legal actions. If you don't reach a settlement agreement in your case, you could be taken to court where a jury and judge will decide on the final outcome.
A birth injury could have long-lasting effects on your child or family. For the best results it is important to choose a skilled birth injury attorney who has proven track record of successfully handling such claims.
Settlement
Your attorney should do everything possible to ensure that your family receives an amount that is fair. It will depend on your child's injuries and the demands that result. A severe birth injury, for instance can require years of medical attention and often round-the-clock. Your lawyer will speak with specialists in medical and healthcare to know the total cost of this treatment and to make an appropriate damage claim.
In many instances the malpractice insurance of a medical facility or hospital will offer the option of settling a case with no litigation. In these instances the lawyer will then send a demand package containing an exhaustive description of the facts and a dollar amount that you propose to settle the case. The insurance company will examine the information provided and then respond by counter-offering. Your lawyer will negotiate an equitable settlement with the insurance company.
When a settlement cannot be reached, your attorney can bring a medical malpractice suit in the county in which the injury occurred. You may be able to identify your doctor, and any other hospitals or doctors involved in the birth of your child and the accident, as defendants, based on the circumstances. When the lawsuit is filed your attorney will be able to get more details via the process known as discovery, which includes depositions as well as witness testimony sworn by witnesses. The evidence you gather will aid in your legal arguments.
