These Are Myths And Facts Behind Birth Injury Claim

5 min read

Birth Injury Legal Help

If a child is born with an illness or injury due to medical negligence, families must deal with tremendous financial burdens. A birth injury attorney can assist in obtaining compensation that will cover expenses and improve the quality of life for a child.

To win a birth injury lawsuit, families must prove four things:

Statute of limitations

Regardless of how the injury occurred, it’s crucial to seek legal advice when you suspect that medical negligence. This ensures that your claim is filed within your state’s statute of limitations, and that you have enough time to construct a solid case and receive fair compensation.

A person generally has two and a half (2-1/2 years) to make a claim for medical malpractice, starting from when the negligence occurred. New York law extends the deadline to 10 years in lawsuits brought by children if they have not yet reached their 18th Birthday.

In order to win a birth-related injury lawsuit, you have to prove that the defendant violated their obligation to you causing your child’s injuries. Causation is typically established through evidence from experts and documents that demonstrate the best practices, which are widely accepted by the medical professionals.

Your attorney will investigate and gather all relevant evidence in your case including medical records and test results from both you and your baby. They will then determine potential defendants and obtain the necessary documents from their insurance companies. After they have completed the procedure, they will send a demand note for damages in money to the parties who are at fault. If they refuse to negotiate with your lawyer, they will take action in court. A lawsuit is usually settled by a trial in which both sides present their evidence and arguments in front of a judge and jury.

Medical Experts

Birth injuries can have devastating consequences for the child and his family. It is important to seek legal assistance as early as you can. An attorney can then create an argument based on medical records and birth injury attorney doctor depositions. A lawyer can also get an expert medical professional to look over the case and offer an opinion. This is a crucial aspect in any medical malpractice lawsuit.

Birth injuries can be difficult to prove since symptoms may not manifest until later. Parents are often unaware of the signs until their child is missing developmental milestones or their pediatrician states that there are intellectual and physical deficits. A possible injury can be detected through signs such as admission to the NICU or a need for a CT or MRI scan following the birth.

Causation is another key factor in the success of a birth injury lawsuit. You must show that the breach of duty by the defendant caused the injury to your child. If the doctor hadn’t committed the breach of duty, your child would not have suffered an injury.

Most medical malpractice cases including those involving birth injury and birth injuries, are settled outside of court. In a settlement agreement, the parties must agree on a dollar value to settle the claim. The amount must reflect your present and future damages. Your lawyer will work with financial and medical experts to determine the proper amount.


In order to succeed in a birth injury lawsuit you must prove that your medical professional violated their duty to care. This is typically done by obtaining the opinion of a medical expert witness. The medical expert will review your case’s evidence, including depositions of the doctors involved in your case and any medical records. He or she will determine whether your doctor acted in accordance with the appropriate standards of care for doctors who have similar training and expertise under the circumstances.

A lawyer can also engage financial experts to assess and calculate your losses taking into account your current, past, and future expenses. Your lawyer will engage with the hospital’s physician’s malpractice insurer and file a lawsuit should it be necessary, to ensure maximum compensation for injuries suffered by your child.

Contrary to most lawsuits, birth injuries cases are often settled. Settlement occurs when all parties agree on a specific amount and stop any legal actions. If your case doesn’t settle then it could be referred to trial, where the jury and a judge will decide what happens.

A birth injury can have lasting effects on your child or your family. To achieve the best results, it is important to work with an experienced birth injury lawyer who has a track record of successfully settling such claims.


Your lawyer must do all possible to ensure that your family receives an appropriate settlement. It will depend on the severity of your child’s injuries and the demands that result. For example, a severe birth injury could require years of care, usually around-the-clock. Your lawyer will consult with medical and medical experts to determine the total cost of this care, and make an appropriate claim.

In many cases the malpractice insurance policy of a medical facility or hospital will offer to settle a matter without litigation. In these situations your lawyer will mail an offer package that includes an exhaustive description of the facts and the dollar amount you would like to offer to settle your case. The insurer will review the details and respond to your request by countering with a counteroffer. Your lawyer will negotiate an equitable settlement with the insurance company.

If a settlement cannot be reached, your attorney may file a medical malpractice lawsuit in the county in which the injury occurred. You may be able identify your doctor, as well as any other hospital or doctor involved in the birth of your child and the injury as defendants based on circumstances. Your lawyer can gather additional details after filing a lawsuit, including depositions and sworn testimony from witnesses, as part of the discovery process. This information will support your legal arguments.

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