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Birth Injury Legal Help
When children are born with an injury or illness due to medical negligence, families are faced with huge financial costs. A birth injury attorney can help secure compensation that will cover expenses and improve the quality of life of a child.
Families must show four things to prevail in a lawsuit against birth injuries:
Statute of limitations
It is essential to talk with a lawyer as soon as possible if you suspect medical malpractice. This will ensure that your claim is filed within the timeframe to comply with your state's statutes limitations and that you have the time to construct a strong case and receive fair compensation.
In general, a person has two and half (2-1/2) years to file a medical negligence lawsuit that begins from the date of the occurrence of negligence. New York law extends the time limit to 10 years for cases brought by a child who has not yet reached their 18th Birthday.
To prevail in a lawsuit involving birth injuries, you must show that the defendant acted in breach of his or her duty to you and caused your child's injury. The way to establish causation is usually through the use of expert testimony and documents that show the best practices, which are widely accepted by the medical profession.
Your attorney will investigate and gather any relevant evidence to your case, including medical records and tests results from both you and your child. They will then identify potential defendants and get the necessary documents from their insurance companies. After they have completed the process, they will send a demand letter requesting monetary damages to the parties who are at fault. If they don't agree to negotiate with your lawyer, they will take action in the court. A lawsuit is usually settled through a trial, with each side presenting their evidence and arguments before a judge and a jury.
Medical Experts
Birth injuries can have devastating consequences for the child and his family. It is essential to seek legal help as soon as possible. This will enable the lawyer to develop a convincing case based on evidence such as medical records and depositions by doctors. A lawyer may also ask the medical expert for a opinion and examine the case. This is a crucial element in any medical malpractice case.
Birth injuries can be difficult to prove because symptoms may not manifest until later. Parents may not be aware of birth injuries until their child has missed milestones in development, or when their pediatrician has determined that their child has intellectual and physical limitations. Signs of injury, such as admission to the NICU or need for a CT scan or MRI following birth, may be a sign of an injury.
Causation is a crucial factor in a successful birth injury lawsuit. You must show that the breach of duty by the defendant caused the injury of your child. If the doctor hadn't committed the breach of duty, your child would not have suffered an injury.
The majority of medical malpractice cases such as birth injuries, settle outside of court. In a settlement agreement, the defendants have to be able to agree on a specific dollar amount in order to resolve the case. The amount must reflect both past and future damages. Your lawyer will work with financial and medical experts to determine the appropriate amount.
Defendants
A successful birth injury lawsuit requires proving that your medical professional violated his or her duty of care. This is usually done by obtaining a medical expert witness's opinion. The expert will look over the evidence in your case, including medical records and depositions given by the doctors involved. He or she will determine whether your doctor acted according to the proper standard of practices for professionals with similar training, expertise and the circumstances.
An attorney will also work with financial experts to assess your losses and determine reasonable damages to account for the present, past, and future expenses. Your lawyer will negotiate with the hospital's or medical malpractice insurer and file a lawsuit in the event that it is necessary, to obtain the maximum amount of compensation for injuries sustained by your child.
Contrary to the majority of lawsuits, birth injury cases are typically settled. Settlement occurs when all parties agree on a specific amount and stop all legal action. If your case fails to come to a settlement or settlement, it will go to trial where a judge and jury will decide your fate.
A birth injury is a serious medical problem which can have lasting consequences for your child and family. It is essential to be in close contact with a birth injury lawyer who is experienced in dealing with such claims.
Settlement
Your attorney must work to find a full settlement for your family. It will depend on the extent of your child's injury, and the resulting needs. For instance, a major birth injury can lead to years of care, often around-the-clock. Your lawyer will consult with medical and health professionals to assess the total cost of this care and create a proper damage claim.
In many cases, a doctor or hospital's malpractice insurer will offer to settle the case without the necessity of litigation. In these situations your lawyer will mail an offer package that includes details of the facts and the dollar amount you would like to offer to settle the case. The insurance company will examine your information and respond by counter-offering. Your lawyer will work with the insurance company to come up with a fair settlement.
If a settlement cannot be agreed upon, your attorney may make a claim for medical malpractice in the county in which 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 the lawsuit is filed your attorney will be able to get additional information via a process called discovery, which can include depositions and witness testimony sworn by witnesses. This evidence can be used to support your legal arguments.
