Birth Injury Settlement

A settlement for a birth injury can be used to pay for long-term therapies that allow your child to live a better life. These treatments could include medication, home modifications and devices like wheelchairs.

Many families settle their cases because medical malpractice lawsuits are not common. But the amount of a settlement is contingent on a number of aspects.

Damages

A birth injury can impact all aspects of the child's life, including the quality of living. Some patients may need medication to manage their ailments, while others may require home modifications or medical devices such as wheelchairs. Parents might also need to give up their jobs to take care of their children, which can result in a loss of income. A lawyer will estimate the cost of treatment for a lifetime and then seek compensation to cover these expenses.

The amount of a settlement depends on the severity and length of the injury. A person suffering from cerebral palsy will likely have a higher medical cost over the course of their life than a person with Erb’s Palsy or Shoulder Dystocia. Additionally, certain states impose limitations on the amount of non-economic damages incurred for suffering and pain and this could decrease a settlement's value.

If a lawsuit is filed, lawyers from both sides will prepare evidence and gather details from witnesses to support their accusations of negligence. Both sides will eventually meet to discuss possible solutions via settlement negotiations. If negotiations fail the case will go to trial, where the jury and judge will hear arguments and then issue a verdict. Trials are usually more expensive and time-consuming than settlements. It is best to settle your case as soon as you can.

Expert Witnesses

Expert witnesses can be an invaluable asset in supporting any claim for birth injury damages. They also play an important role in the process of proving causation, which is an essential aspect of any medical malpractice claim. It can be difficult for jurors to decide if your child's injuries result of the defendant's deviation from professional standards without the assistance of an expert.

Your lawyer must establish a link between negligence and the injuries suffered by your child to prove the causality. This can be accomplished through various methods, including medical records and expert testimony. Your lawyer will know how to find the best experts to aid in your case.

Your legal team will be able to identify the defendants in the event of birth injuries to your child. They may include obstetricians, maternal-fetal medicine experts, nurses during delivery and other healthcare professionals. They will then need to determine the appropriate standards of care, which is usually established by the existing medical knowledge. This requires a thorough review of your child's medical records which may be complicated.

Your attorney will also have to estimate your child's future requirements for care. It can be difficult to estimate the cost of therapies, equipment caregivers at home, additional procedures and surgeries, and more. Your lawyer will work with expert witnesses who can aid in accurately calculating the cost of these future expenses.

Statute of Limitations

Building a birth injury case involves careful research and the recourse to medical experts. It is crucial to choose an attorney who has a thorough understanding of the subject, and who knows how to create a solid case.

The first step in a lawsuit is to prove that the defendant acted in breach of their duty of care. This includes reviewing medical records and deposing the doctors involved. Attorneys can also seek medical experts to provide an opinion as to whether the doctors acted in a proper manner under the circumstances.

Medical negligence is defined as the failure to perform the standard of care and proficiency. This standard applies to doctors and other health care professionals however it is more difficult for obstetricians, such as those who are highly trained and have specialized knowledge. A legal claim must establish causation, which is that a medical mistake directly caused the child's injury.

Parents have two years to file a malpractice claim on behalf of a child who is injured under New York law. However, minors aren't allowed to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a file for them by a parent or guardian. Medical malpractice cases are also subject to statutory limitations on damages, which includes non-economic damages. This limit is typically set by the court, and is often based upon the number of similar claims in the state.

Getting Started

An experienced attorney is needed to get adequate compensation and recognition for the injuries a child has suffered because of medical negligence or malpractice in the course of birth injury lawyer. A competent legal team knows how to analyze the various elements that influence the settlement for birth injuries, and how to present these in court to get you the maximum financial award.

A complimentary consultation with an attorney is the first step to establish a relationship between you and your lawyer. Your lawyer will then conduct an investigation into the matter by looking over medical records and calling in experts to establish the accepted standard for the applicable procedure.

Your lawyer will also negotiate with insurance companies of the defendants and press them to settle for reasonable damages. If this doesn't work, your attorney will bring a suit against the medical practitioners to present the case in front of a jury and judge.

When a verdict is reached Your lawyer will draft the documents that will be used to calculate the amount of damages you and your child should be entitled to. This includes the projected cost of future medical treatment and loss of income and other economic damages. Your lawyer can also map out the life-long costs of care for your child's injuries, which is called life-care planning. This is usually a large part of the settlement.