What Birth Injury Claim Could Be Your Next Big Obsession
Birth Injury Legal Help
If a child is born suffering from an injury or illness due to medical negligence families must deal with tremendous financial costs. A birth injury lawyer can help families obtain compensation to pay for medical expenses and improve the quality of life for their children.
To prevail in a birth injury lawsuit, families must prove four things:
Statute of limitations
It is essential to talk with an attorney whenever you suspect medical negligence. This ensures that your claim is filed within the state's statute of limitations, and you have time to create a strong case and recover fair compensation.
A claimant generally has two and half (2-1/2 years) to file a lawsuit for medical malpractice, beginning on the date the negligence occurred. New York law extends the deadline to 10 years 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 obligation to you creating injuries for your child. The cause of the injury is usually determined through evidence from experts and documents that demonstrate the best practices, which are generally accepted by the medical professionals.
Your attorney will look into your case and gather all relevant evidence, including medical records for you and your child. Then, they'll identify potential defendants and request the required documents from the insurance companies. Once they have all the documents, they will send a demand letter to the at-fault parties asking for damages in cash. If they do not agree to negotiate with you, your lawyer will file suit in the court. A lawsuit is usually resolved through a trial, with each side presenting their evidence and arguments to a judge and jury.
Medical Experts
If a child suffers an injury at birth the result can be devastating consequences for the child and family. It is important to seek legal help as quickly as you can. This will enable the lawyer to present a convincing case, based on evidence such as medical records and depositions of doctors. Lawyers may also approach a medical expert to give an opinion or analyze the case. This is a crucial step in any medical malpractice case.
Many birth injury lawsuits injuries are difficult to prove since the symptoms might not appear until much later. Parents may not notice them until their child fails to meet developmental milestones or their pediatrician suggests intellectual and physical deficiencies. A possible injury may be detected through symptoms such as an admission to the NICU, or the need for a CT or MRI scan after birth injury attorney.
Causation is also a key element of a successful lawsuit for birth injury. You must prove that the defendant's breach of duty led to your child's injury. If the doctor hadn't committed the breach of duty, then your child would not have suffered an injury.
The majority of medical malpractice claims, including those involving birth injuries, are settled out of court. In a settlement agreement, the defendants have to agree on a dollar value in order to resolve the case. The amount must reflect your past and future damages. Your lawyer will collaborate with medical and financial experts to determine the proper amount.
Defendants
A successful birth injury lawsuit requires the proof that your doctor did not fulfill their duty of care. This is usually done by obtaining an expert medical witness's opinion. The medical expert will analyze the evidence in your case including medical records as well as depositions made by the doctors involved. He or she will decide whether your doctor's actions were in accordance to the appropriate standards of practice for professionals who have similar qualifications, experience and circumstances.
A lawyer can also employ experts in finance to assess your losses and determine reasonable damages that take into account past, present, and future expenses. Your lawyer will negotiate with the hospital's or physician's malpractice insurer and file a lawsuit if necessary, to secure maximum compensation for injuries suffered by your child.
Contrary to the majority of lawsuits, birth injuries cases are often settled. Settlement occurs when all parties agree on a certain amount and stop any legal actions. If you don't reach a resolution in your case, the case may be brought to court where a judge and jury will decide on the final outcome.
A birth injury is a serious medical issue that can have long-lasting effects on your child as well as your family. It is crucial to cooperate with a birth injury lawyer who has experience handling such cases.
Settlement
Your lawyer must do all 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 resulting needs. For example, a severe birth injury could result in many years of treatment, often all-hours-of-the-day. Your lawyer will consult with medical and medical experts to determine the total cost of this treatment and submit a valid claim.
In many cases the malpractice insurance policy of a doctor or hospital will offer to settle a matter without litigation. In these instances the lawyer will then send an order package with a detailed description of the facts and the dollar amount that you propose to settle the case. The insurance company will review the information and respond to your request with a counter-offer. Your lawyer will negotiate with the insurance company to come up with the most fair settlement.
If a settlement cannot be reached, your attorney may make a claim for medical malpractice in the county where the injury occurred. Depending on the circumstances, you may claim as defendants your doctor and any other hospitals or doctors involved in the birth of your child and the injury. After filing the lawsuit and your lawyer is able to obtain additional information via an investigation process known as discovery which includes depositions as well as sworn testimony from witnesses. This evidence will help support your legal arguments.