How To Tell If You're Prepared To Go After Birth Injury Claim

Birth Injury Legal Help

When a child is born with 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 the quality of life for a child.

To win a birth-related injury lawsuit, families must demonstrate four elements:

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 for the statutes of limitations and that you have the time to build a solid case and receive the right amount of compensation.

A person who is a plaintiff typically has two and a half (2-1/2 years) to bring a lawsuit for medical malpractice, beginning on the date of the incident. New York law extends this time limit to 10 years for lawsuits brought on behalf of children, provided that the child has not yet reached their 18th birthday.

To prevail in a lawsuit involving birth injuries, you must demonstrate that the defendant violated his or her duty to you and caused the injury to your child. The basis for establishing causation is expert testimony and evidence of the best practices, which have been endorsed by the medical community.

Your lawyer will look into your case and collect all relevant evidence, including medical records for you and your child. Then, they will determine potential defendants and request the required documents from the insurance companies. Once they have completed the procedure, they will send a demand note for damages in cash to the parties who are at fault. If they don't agree to negotiate with your lawyer, they will bring suit in court. A lawsuit is usually resolved through a trial, with each side presenting their evidence and arguments before a judge and a jury.

Medical Experts

Birth injuries could have devastating consequences for the child and his family. It is imperative to seek legal advice as early as you can. This will enable the lawyer to construct a strong case using evidence like medical records and depositions by doctors. A lawyer may also seek an expert from a medical field to review the case and provide an opinion. This is a crucial element in any medical malpractice claim.

Birth injuries can be difficult to prove since symptoms may not be evident until later. Parents may not be aware of birth injuries until their child has missed developmental milestones or their pediatrician has indicated that their child has intellectual and physical limitations. A potential injury could be detected through indicators such as admission to the NICU, or a need for a CT or MRI scan after birth.

Causation is yet another crucial aspect in the success of a birth injury lawsuit. You must prove that the breach of duty by the defendant caused the injury of your child. If the doctor had not committed the breach of duty, your child would not have suffered an injury.

Most medical malpractice claims that involve birth injuries or birth injury, are settled out of court. In a settlement agreement, the defendants have to agree on a dollar value to settle the matter. The amount must reflect your past and future damages. Your lawyer will collaborate with financial and medical experts to determine a suitable amount.

Defendants

A successful birth injury lawsuit needs the proof that your doctor has violated their duty of care. This is typically accomplished by seeking the opinion of medical expert witnesses. The medical expert will examine the evidence presented in your case, which includes depositions of the doctors involved in your case and any medical documents. The expert will determine whether your doctor's actions are in accordance to the standard of procedure for professionals with similar training, expertise and conditions.

A lawyer can also engage experts in finance to analyze and calculate your losses, considering the present, past, and future expenses. Your attorney will negotiate with the hospital or the doctor's malpractice insurer and bring a lawsuit if necessary to secure maximum compensation for the injuries your child sustained.

Contrary to many lawsuits birth injuries cases are usually settled. A settlement occurs when all parties agree to a minimum amount of money and all legal action stops. If you do not reach a resolution in your case, the case may go to court, where a jury and judge will decide on the final outcome.

A birth injury can cause long-lasting harm to your child or family. It is important to be in close contact with an attorney for birth injuries who has experience handling such cases.

Settlement

Your lawyer must do all possible to ensure that your family receives an equitable settlement. It will depend on the severity of your child's injuries and the demands that result. For instance, a major birth injury law firm injury can lead to years of care, often all-hours-of-the-day. Your lawyer will consult medical and care experts to determine the total cost of this care and then file a suitable claim.

In a majority of cases doctors or hospitals' malpractice insurance company will offer to settle the matter without the necessity of litigation. In these instances, your lawyer will send an order package with a detailed description of the facts and a dollar amount you would like to offer to settle the case. The insurer will review your information and respond with a counteroffer. Your lawyer will negotiate an equitable settlement with the insurance company.

If a settlement can't be agreed upon, your attorney may file a medical malpractice lawsuit in the county where the incident occurred. Based on the circumstances, you may identify as defendants your doctor and any other hospitals or doctors involved in your child's birth and the injury. After the lawsuit is filed your attorney will be able to get more details via the process known as discovery, which can include depositions and sworn testimony from witnesses. This evidence can be used to support your legal arguments.