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Birth Injury Legal Help
Families are faced with huge financial burdens when a baby is born with an medically-caused injury or illness. A birth injury lawyer can help families receive compensation to cover medical expenses and improve the quality of life for their children.
To win a birth-related injury lawsuit, families must demonstrate four things:
Statute of Limitations
Whatever the manner in which the injury was sustained, it's essential to seek legal advice as soon as you suspect medical negligence. This will ensure that your claim is filed within the state's statute of limitations, and that you have sufficient time to build a strong case and receive the right amount of compensation.
A person generally has two and a half (2-1/2 years) to pursue a lawsuit based on medical malpractice, beginning from the date the negligence occurred. New York law extends the time limit to 10 years for cases filed by children in the event that they have not yet reached their 18th Birthday.
To win a birth injury lawsuit, you must prove that the defendant violated their obligation to you the child's injuries. Causation is established by expert testimony and documents that show the best practices that are accepted by the medical community.
Your attorney will investigate your case and collect all relevant evidence, including medical records for you and your child. They will then identify potential defendants and get the required documents from their insurance companies. Once the paperwork is completed, they'll submit a demand letter to the at-fault parties asking for damages in the form of money. If they don't agree to a settlement your lawyer will start a lawsuit in court. A lawsuit is usually resolved by a trial in which each side is required to present its arguments and evidence before an impartial jury and judge.
Medical Experts
A birth injury can have devastating consequences for the child and his family. It is crucial to seek legal advice as quickly as you can. This will allow the lawyer to present a convincing case, based on evidence such as medical records and depositions by doctors. Lawyers can also request an expert medical professional to look over the case and provide an opinion. This is a vital part of any medical malpractice case.
Birth injuries aren't always easy to prove since symptoms may not be evident until later. Parents often don't notice them until their child fails to meet developmental milestones or their pediatrician declares that there are 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 also a key element in a successful lawsuit for birth injury. You must demonstrate that the defendant's lapse in duty caused your child to suffer injury. This means that if the doctor did not do the wrong thing, your child wouldn't have suffered an injury.
The majority of medical malpractice claims such as birth injuries, settle out 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 both past and future damages. Your lawyer will work with medical and financial experts to determine the appropriate amount.
Defendants
In order to succeed in a birth injury lawsuit, you must demonstrate that your medical professional did not meet their duty of care. This is usually accomplished by seeking the opinion of an expert witness from a medical field. The medical expert will analyze the evidence in your case including medical records as well as depositions given by the doctors involved. He or she will determine whether your doctor acted accordance with the appropriate standard of care for professionals who have similar training and expertise in the particular circumstances.
An attorney will also work with financial experts to evaluate your losses and determine reasonable damages that include both present and future expenses. Your attorney will engage with the hospital, or the physician's malpractice insurance company and file a lawsuit if necessary to get the most compensation possible for the harms your child has sustained.
As opposed to most lawsuits injuries are often resolved through settlements. A settlement occurs when all parties reach an agreement on a certain amount and stop any legal action. If your case is unable to reach a settlement, it may go to trial, where the jury and a judge will decide on your fate.
A birth injury is a serious medical problem which can have lasting consequences on your child and the family. To get the best results it is crucial to consult with an experienced birth injury lawyer who has proven track record of settling these claims successfully.
Settlement
Your lawyer should do everything possible to ensure that your family receives a fair settlement. birth injury lawyer bridgeport will depend on the nature of your child's injuries and resulting needs. For instance, a major birth injury could mean years of care, often around-the-clock. Your lawyer will consult with medical and health experts to determine the total cost of this treatment and file an appropriate claim.
In many instances the malpractice insurance policy of a hospital or doctor will offer to settle a matter without litigation. In these situations your lawyer will present an order package that includes an exhaustive description of the facts of your case along with a suggested dollar amount to settle the matter. The insurer will review the details and respond with a counter offer. Your lawyer will negotiate a fair settlement with the insurance company.
If a settlement cannot be reached, your lawyer may file a lawsuit for medical negligence in the county that caused the injury. Based on the circumstances, you can claim as defendants your doctor and any other doctors or hospitals involved in the birth of your child and the injury. Your attorney can gather more information after filing an action, such as depositions and sworn testimony from witnesses through discovery. This evidence will support your legal arguments.
