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Birth Injury Legal Help
Families are confronted with massive financial costs when a child is born with an medically-caused injury or illness. A birth injury attorney can help secure compensation to cover the care expenses and improve the quality of life of a child.
To win a birth injury lawsuit, families must demonstrate four things:
Statute of limitations
No matter how the injury was sustained, it's crucial to seek legal advice when you suspect medical negligence. This will ensure that your claim is filed on time for your state's statutes of limitations and that you have enough time to construct a strong claim and get an appropriate amount of compensation.
A claimant generally has two and a half (2-1/2 years) to make a claim for medical malpractice, starting from the date that the malpractice occurred. New York law extends the deadline to 10 year for lawsuits brought by children who has not yet reached the age of 18.
To win a birth injury lawsuit, you must prove that the defendant breached their duty to you by the child's injuries. The basis for establishing causation is expert testimony and documents that demonstrate the best practices, which have been endorsed 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 child. Then, they will identify potential defendants and request the required documents from insurance companies. After they have completed the process, they will send a demand note for damages in cash to the parties who are at fault. If they do not agree to negotiate with you, your lawyer will take action in the court. A lawsuit is usually settled by a trial in which both sides present their evidence and arguments before an impartial jury and judge.
Medical Experts
When a baby suffers from a birth injury and suffers a devastating effects for the family and child. It is important to seek legal help as soon as possible. The lawyer can then construct an argument based on medical records and doctor depositions. Lawyers can also request the medical expert to provide an opinion and analyze the case. This is a crucial part of any medical malpractice case.
Many birth injuries are difficult to prove since the symptoms might not manifest until much later. Parents may not realize they have injuries until their child has missed developmental milestones, or until their pediatrician has indicated that there are cognitive and physical deficits. Signs of an injury, like admission to the NICU, or the need for an CT scan or MRI following birth, may be a sign of an injury.
Causation is a crucial factor in the success of a birth injury lawsuit. You must prove that the breach of duty by the defendant caused the injury to your child. If the doctor had not committed the breach of duty, then your child would not have sustained an injury.
Most medical malpractice cases including those involving birth injury attorney injuries or birth injury, are settled out of court. In a settlement agreement, the parties must agree on a dollar value to settle the case. The amount must reflect your present and future damages. Your lawyer will work with financial and medical experts to determine a suitable amount.
Defendants
A successful birth injury lawsuit requires the proof that your doctor has violated their duty of care. This is typically accomplished by obtaining the opinion of an expert witness in the field of medicine. The expert will look over the evidence in your case including any medical records and depositions given by the doctors involved. The expert will determine whether your doctor's actions were in accordance to the appropriate standards of practice for professionals with similar training, expertise and conditions.
A lawyer may also employ financial experts to evaluate and calculate your losses, considering the past, present, and future expenses. Your attorney will negotiate with the hospital or physician's malpractice carrier and initiate a lawsuit, birth injury if necessary, to secure maximum compensation for your child's injuries.
In contrast to the majority of lawsuits, birth injury cases usually end in settlements. Settlements occur when all parties reach an agreement on an amount and cease any legal action. If you fail to reach a settlement in your case, your case may go to court, where a judge and jury will decide on the outcome.
A birth injury is a serious medical problem that can have long-lasting effects for your child and family. To get the best results it is crucial to choose a skilled birth injury lawyer who has a track record of successfully settling 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 extent of your child's injury and the demands that result. For instance, a serious birth injury could mean years of care, often all-hours-of-the-day. Your lawyer will consult medical and care experts in order to determine the total cost of this treatment and submit a valid claim.
In a majority of cases, a hospital or doctor's malpractice insurance company will offer to settle the case without the necessity of litigation. In these situations the lawyer will then send the demand package, which includes an extensive description of the facts and the dollar amount you'd like to settle the case. The insurer will review your documents and respond with a counteroffer. Your lawyer will work with the insurance company to decide on an appropriate settlement.
If a settlement cannot be reached, your lawyer can make a claim for medical malpractice in the county of the injury. Based on the circumstances, you may include as defendants your physician and any other doctors or hospitals involved in the birth of your child and the injury. When the lawsuit is filed and your lawyer is able to obtain more details via the process known as discovery, which includes depositions as well as witness testimony sworn by witnesses. This evidence can be used to support your legal arguments.