Birth Injury Legal Help

Families are confronted with massive cost of living when a child is born with a medically-caused injury or illness. A birth injury lawyer can assist families obtain compensation to pay for medical expenses and improve the quality of life for their children.

Families must show four things to prevail in a lawsuit for Cedar Rapids Birth Injury Law Firm injury:

Statute of Limitations

It is essential to speak with a lawyer immediately if you suspect medical malpractice. This ensures that your claim is filed within your state's statute of limitations, and that you have sufficient time to create a strong case and recover the right amount of compensation.

In general, a party has two and half (2-1/2) years to file a medical malpractice lawsuit beginning from the date of the incident of negligence. New York law extends the deadline to 10 years in cases brought by children who has not yet reached their 18th Birthday.

In order to win a lawsuit for birth injuries, you must demonstrate that the defendant breached his or her duty to you and caused the injury to your child. The causation is established through expert testimony and documents that show the best practices that have been endorsed by the medical community.

Your lawyer will investigate your case and gather all relevant evidence, including medical records for you and your child. They will then identify potential defendants and request necessary documents from the insurance companies. Once they have completed the process, they will send a demand letter for damages in money to the parties responsible. If they are unwilling to negotiate your lawyer will begin a lawsuit in the courtroom. A lawsuit is usually settled through a trial, where each side presents its evidence and arguments to jurors and judges.

Medical Experts

If a child suffers an injury at birth, it can have devastating consequences for the baby and his family. It is essential to seek legal help as soon as possible. This will allow the attorney to construct a strong case with evidence such as medical records and depositions of doctors. Lawyers can also request an expert in medical field for an opinion and to examine the case. This is a crucial aspect in any medical malpractice claim.

Many birth injuries are difficult to prove because the signs might not show up until much later. Parents may not realize they have injuries until their child has missed milestones in development, or when their doctor has suggested that there are cognitive and physical deficiencies. An injury could be identified by signs such as admission to the NICU or the need for a CT or MRI scan following the birth.

Causation is also an essential aspect of a successful lawsuit for birth injuries. You must show that the defendant's failure in duty caused your child to be injured. This means that if the doctor didn't commit the breach of duty the child would not have been injured.

The majority of medical malpractice claims that involve white plains birth injury law firm injuries, settle outside of court. In a settlement agreement, the parties have to agree on a dollar value in order to resolve the case. The amount must reflect both past and future damages. Your lawyer will collaborate with financial and medical experts to determine the appropriate amount.

Defendants

A successful birth injury lawsuit needs the medical professional to prove that they violated his or her duty of care. This is usually done by obtaining the opinion of medical expert witnesses. The medical expert will review the evidence in your case including medical records and depositions made by the doctors involved. They will determine whether your doctor's actions are in accordance to the standard of professional practice for those with similar training, expertise and the circumstances.

A lawyer can also employ financial experts to analyze your losses and determine reasonable damages that take into account the present, past, and future costs. Your attorney will negotiate 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 many lawsuits birth injuries cases are usually settled. A settlement occurs when all parties agree to a specific amount and stop any legal action. If you fail to reach a settlement in your case, you could be taken to court where a jury and judge will decide the outcome.

A birth injury can be a long-lasting affliction on your child or your entire family. It is essential to work closely with an attorney for birth injuries who is familiar with dealing with such claims.

Settlement

Your attorney must do everything possible to ensure that your family receives a fair settlement. This will depend on the severity of your child's injuries and resulting needs. A serious birth injury, for instance can require years of medical attention and often, round-the-clock. Your lawyer will consult medical and health experts to understand the total costs of the care and submit a claim for damages that is appropriate.

In a majority of cases the hospital's or doctor's malpractice insurer will offer to settle the matter without the need for litigation. In these instances your lawyer will provide an order package with an extensive description of the facts and the dollar amount you'd like to settle your case. The insurer will review your documents and respond by counter-offering. Your lawyer will work with the insurance company in order to reach the fairness of the settlement.

If a settlement cannot be reached, your lawyer may pursue a lawsuit for medical malpractice in the county of the injury. Based on the circumstances, you can claim as defendants your doctor and any other doctors or hospitals involved in your child's birth and the injury. Your lawyer will gather additional information after filing an action, such as depositions, sworn statements and other evidence from witnesses, through discovery. This evidence can be used to support your legal arguments.