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Birth Injury Legal Help
Families are faced with huge financial burdens when a baby is born with a medically caused injury or illness. An attorney for birth injuries can help secure compensation to cover the care expenses and improve the quality of life of a child.
To prevail in a birth injury lawsuit, families must demonstrate four things:
Statute of Limitations
It is important to consult an attorney whenever you suspect medical malpractice. This will ensure that your claim is filed at the right time for your state's statutes of limitations and you will have enough time to construct a strong case and receive the right amount of compensation.
In general, a claimant has two and a half (2-1/2) years to file a medical malpractice lawsuit beginning from the date of the occurrence of negligence. New York law extends this deadline to 10 years for cases brought on behalf of children, provided the child is not yet their 18th birthday.
To win a birth injury lawsuit, you must prove that the defendant violated their duty to you by the child's injuries. Causation is usually established by using evidence from experts and documents that demonstrate best practices, which are generally accepted by the medical profession.
Your lawyer will conduct an investigation and gather all relevant evidence in your case including medical records as well as tests results from both you and your child. They will then find potential defendants and obtain the required documents from their insurance companies. Once they have completed the process, they'll send a demand for damages in the amount of money to the parties who are at fault. If they refuse to negotiate with you, your lawyer will sue in court. A lawsuit is usually resolved by a trial where both sides present their evidence and arguments in front of the jury and a judge.
Medical Experts
A birth injury can have devastating effects on the child and his family. It is important to get legal assistance as soon as possible. An attorney can then create an argument based on medical records and depositions of doctors. Lawyers can also request an expert in medical field for an opinion and to review the case. This is an essential step in any medical malpractice case.
Many birth injuries are difficult to prove as the symptoms may not manifest until much later. Parents may not realize they have injuries until their child has missed developmental milestones, or their pediatrician has determined that there are intellectual physical and intellectual deficiencies. An injury could be indicated by symptoms such as an admission to the NICU or a need for a CT or MRI scan following the birth.
Causation is also a key element in a successful lawsuit for birth injury. You must show that the defendant's failure in duty caused your child to suffer injury. If the doctor hadn't committed the breach of duty, then your child would not have sustained an injury.
The majority of medical malpractice claims which include birth injuries, are settled outside of court. In a settlement agreement, the defendants have to reach a consensus on a price in order to resolve the case. The amount must reflect your 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 violated their duty of care. This is usually accomplished by obtaining the opinion of an expert witness from a medical field. The medical expert will examine the evidence of your case, including depositions of the doctors who were involved in your case and medical records. The expert will determine whether your doctor's actions were in accordance to the appropriate standard of procedure for professionals who have similar qualifications, experience and context.
birth injury attorney lansing will also work with financial experts to evaluate your losses and determine reasonable damages that include past, present, and future costs. Your attorney will engage with the hospital, or the physician's malpractice insurance company and bring a lawsuit if necessary to get the most compensation possible for the injuries your child sustained.
Contrary, to most lawsuits birth injuries cases are generally settled. Settlements occur when all parties agree to a specific amount of money and legal proceedings cease. If your case does not reach a settlement, it may go to trial, where an arbitrator and judge will decide the outcome.
Birth injuries can have long-lasting effects on your child or your entire family. For the best results it is crucial to choose a skilled birth injury lawyer who has proven track record of settling these claims successfully.
Settlement
Your attorney should work to secure a full settlement for your family. This will depend on the nature of your child's injuries and the needs that result from them. For instance, a severe birth injury could mean years of medical care, which is often all-hours-of-the-day. Your lawyer will consult with medical and health experts to determine the total cost of the care and file an appropriate claim.
In many cases the malpractice insurance policy of a physician or hospital will offer to settle a matter without litigation. In these cases your lawyer will provide the demand package, which includes an extensive description of the facts and the dollar amount that you propose to settle the case. The insurer will review your documents and respond by counter-offering. Your lawyer will work with the insurance company to decide on the fairness of the settlement.
If no settlement is agreed upon, your lawyer could pursue a lawsuit for medical malpractice in the county of the injury. You could be able to claim your doctor and any other hospitals or doctors involved in the birth of your child and the injury as defendants based on the circumstances. Once the lawsuit is filed and your lawyer is able to obtain more information through the process known as discovery, which includes depositions as well as the sworn testimony of witnesses. This evidence can be used to support your legal arguments.
