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Birth Injury Legal Help
When the child is born with an illness or injury because of medical negligence, families are confronted with massive financial costs. An attorney for birth injuries can help secure compensation that will cover costs and enhance the quality of life of a child.
Families must show four things to win a lawsuit claiming birth injuries:
Statute of limitations
It is essential to talk with an attorney immediately if you suspect medical negligence. This will ensure that your claim is filed within the state's statute of limitations, and that you have enough time to build a strong case and recover the right amount of compensation.
In general, a plaintiff has two and two-and-a-half (2-1/2) years to file a medical negligence lawsuit from the date of the act of negligence. New York law extends the deadline to 10 years for lawsuits brought by children even if they haven't yet reached the age of 18.
To win a birth injuries lawsuit, you have to prove that the defendant breached their duty to you by causing your child's injuries. The way to establish causation is usually through the use of expert testimony and documents demonstrating best practices, which are generally accepted by the medical community.
Your lawyer will investigate and gather all relevant evidence in your case, including medical records and test results from both you and your child. They will then find potential defendants and request the necessary documents from their insurance companies. After they have completed the procedure, they will send a demand letter for damages in money to the parties who are at fault. If they do not agree to negotiate with your lawyer, they will sue in the court. A lawsuit is usually settled through a trial, where each side will present its evidence and arguments to the jury and a judge.
Medical Experts
If a baby is affected by injuries to the birth process and suffers a devastating consequences for the child and family. It is essential to seek legal assistance as early as you can. This will enable the lawyer to build a strong case by using evidence, such as medical documents and depositions of doctors. A lawyer may also ask an expert in medical field for an opinion and to look over the case. This is a crucial aspect in any medical malpractice lawsuit.
Many birth injuries are difficult to prove, because the signs might not appear until much later. Parents may not recognize birth injuries until their child has failed to meet developmental milestones, or until their pediatrician has stated that there are intellectual and physical deficits. A possible injury can be identified by indicators such as admission to the NICU, or a need for an CT or MRI scan following the birth.
Causation is another crucial element of a successful lawsuit for birth injuries. You must establish that the defendant's breach in duty caused your child's injuries. If the doctor had not committed the breach of duty, then your child would not have sustained an injury.
The majority of medical malpractice cases, including those involving birth injuries, are settled outside of court. In a settlement agreement, the parties must agree on a dollar value to settle the matter. The amount must reflect your past and future damages. Your lawyer will consult with medical and financial experts to determine the proper amount.
Defendants
A successful birth injury lawsuit requires proving that your medical professional has violated their duty of care. This is usually done by obtaining the opinion of an expert witness from a medical field. The medical expert will examine the evidence in your case, including depositions from the doctors involved in your case, as well as medical documents. He or she will determine whether your doctor's actions conform to the appropriate standards of professional practice for those who have similar qualifications, experience and injuries context.
A lawyer can also employ experts in finance to assess your losses and estimate reasonable damages that take into account the past, present and future costs. Your attorney will discuss with the hospital or physician's malpractice carrier and will file a lawsuit if necessary to obtain the maximum amount of compensation for your child's injuries.
Contrary to most lawsuits, birth injuries are often resolved through settlements. A settlement occurs when all parties agree to pay a set amount of money, and all legal action stops. If your case is unable to resolve, it may go to trial, where a judge and jury will decide the outcome.
Birth injuries can cause long-lasting harm to your child or your family. It is crucial to be in close contact with an attorney for birth injuries who is experienced in handling such cases.
Settlement
Your attorney must do everything possible to ensure that your family receives a fair settlement. This will depend on the nature of your child's injuries and the subsequent needs. For example, a severe birth injury could result in many years of treatment, often all-hours-of-the-day. Your lawyer will speak with medical and care experts to understand the total costs of this care and create a proper damage claim.
In many instances the malpractice insurance of a physician or hospital will offer to settle a case without litigation. In these instances your lawyer will mail an offer package that includes details of the facts and the dollar amount that you propose to settle your case. The insurer will review the information provided and then respond with a counter-offer. Your lawyer will negotiate a fair settlement with the insurance company.
When a settlement cannot be reached, your attorney could file a medical malpractice lawsuit in the county in which the incident occurred. Depending on the circumstances, you can identify as defendants your doctor and any other hospitals or doctors involved in the birth of your child and the injury. Your lawyer can gather additional information after filing a lawsuit, which includes depositions, sworn statements and other evidence from witnesses, through a discovery process. This evidence can be used to support your legal arguments.
