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Birth Injury Legal Help
If the child is born with an illness or injury due to medical negligence, families must deal with tremendous financial burdens. A birth injury attorney can help secure compensation that will cover 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 essential to speak with an attorney immediately if you suspect medical malpractice. This ensures that your claim is filed within your state's statute of limitations, as well as that you have sufficient time to create a strong case and obtain the right amount of compensation.
A claimant generally has two and half (2-1/2 years) to make a claim for medical malpractice, starting from when the negligence occurred. New York law extends this deadline to 10 years for cases brought on behalf a child, provided the child has not yet reached the age of 18.
To win a lawsuit for birth injuries, you must demonstrate that the defendant violated his or her duty to you and caused the injury to your child. The causation is established through expert testimony and documents that demonstrate best practices, which have been accepted by the medical community.
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 required documents from the insurance companies. Once they have completed the procedure, they will send a demand note for damages in the amount of money to the parties at fault. If they are unwilling to negotiate the lawyer will bring a lawsuit to court. A lawsuit is usually settled through a trial, where each side will present its evidence and arguments in front of an impartial jury and judge.
Medical Experts
If a child suffers a birth injury it can have devastating effects for the family and child. It is imperative to seek legal help as quickly as you can. The lawyer will then be able to construct an effective case based on medical records and depositions of doctors. A lawyer may also ask an expert in medical field to provide an opinion and look over the case. This is an essential step in any medical malpractice case.
Birth injuries aren't always easy to prove since symptoms may not be apparent until later. Parents may not notice them until their child misses developmental milestones or until their pediatrician declares that there are physical and intellectual deficits. Signs of injury, such as admission to the NICU or a need for a CT scan or MRI after birth, can be a sign of a potential injury.
Causation is a crucial element in a successful birth injury lawsuit. You must show that the defendant's breach of duty led to 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 claims like those involving birth injury or birth injury, are settled out of court. In a settlement agreement, the defendants must reach an agreement on a dollar amount in order to resolve the matter. The amount must reflect past and future damages. Your lawyer will consult experts in financial and medical fields to determine the appropriate amount.
Defendants
In order to succeed in a birth injury lawsuit, you must prove that your medical professional violated their duty to care. This is usually done by obtaining an expert medical witness' opinion. The medical expert will examine the evidence of your case, including depositions from the doctors who were involved in your case as well as any medical documents. He or she will establish whether your doctor's actions were conformity with the standards of care for doctors with similar training and expertise in the particular circumstances.
A lawyer will also engage financial experts to assess your losses and calculate fair damages that account for the present, past, and future costs. Your lawyer will negotiate with the hospital's or medical malpractice insurer and file a lawsuit if necessary, to secure the highest amount of compensation for injuries suffered by your child.
Contrary, to most lawsuits birth injuries cases are often settled. A settlement occurs when all parties agree to a specific amount of money and the legal process ceases. If you don't reach a settlement agreement in your case, it may be brought to court where a judge and jury will decide on the final outcome.
Birth injuries can have lasting effects on your child or family. It is essential to work closely with a birth injury lawyer who is familiar with handling these claims.
Settlement
Your attorney should do everything possible to ensure that your family receives an amount that is fair. It will depend on the injuries your child has suffered, and the resulting needs. A severe birth injury, for example may require years of medical attention and frequently, it is necessary to be on call 24/7. Your lawyer will consult with medical and health experts to determine the total cost of this care and then file a suitable claim.
In many cases, the malpractice insurance of a doctor or hospital will offer to settle a case without litigation. In these instances your lawyer will file an offer package that includes an exhaustive description of the facts of your case as well as a proposed amount of money to settle it. The insurance company will examine the information provided and then respond with a counteroffer. Your lawyer will work with the insurance company to come up with the most fair settlement.
If a settlement can't be agreed upon, your attorney may make a claim for medical malpractice in the county in which the incident occurred. Depending on the circumstances, you may identify as defendants your doctor and any other doctors or hospitals involved in your child's birth and the injury. When the lawsuit is filed the attorney can get more information through the process known as discovery, which can include depositions and sworn testimony from witnesses. This information will support your legal arguments.
