Birth Injury Settlement

A settlement for birth injury attorney injuries can help pay for long-term treatments that will allow your child to live a better life. The treatments can include medication, home modifications and other equipment, such as wheelchairs.

Medical malpractice cases are not common so a lot of families choose to settle their cases. The amount of a settlement is contingent on a variety of factors.

Damages

Birth injuries can impact every aspect of a child's development, including their quality of life. For example, some patients require medication to manage their symptoms and others require modifications to their homes or medical equipment like wheelchairs. Parents may also have to give up their jobs to care for their children, resulting in losing income. A lawyer will estimate the cost of treatment for a lifetime and then seek compensation to pay for the cost.

The value of a settlement also is contingent on the severity and length of the injury. A person suffering from cerebral palsy may have a higher medical cost over the course of their life than those suffering from Erb’s Palsy or Shoulder Dystocia. Certain states limit the amount of noneconomic damages for suffering, pain and other emotional distress, which may lower a settlement value.

When a lawsuit is filed, birth injury law firm attorneys for both sides will prepare evidence and gather information from witnesses to prove their claims of negligence. Both sides will eventually meet to discuss possible solutions via settlement discussions. If negotiations fail, the matter could go to trial. A judge and jury will hear arguments and make a decision. Trials are usually more expensive and take longer than settlements. It is recommended to settle your case as soon as possible.

Expert Witnesses

Expert witnesses can be valuable evidence in support of any claim for damages. They also play a crucial role in proving causation, which is an essential element of any medical malpractice case. It may be difficult for jurors to decide if your child's injuries result of the doctor's deviation from accepted professional practices without expert testimony.

Your lawyer must establish a link between negligence and the injuries sustained by your child to prove the causation. This can be done by several methods including medical records, as well as expert testimony. Your lawyer will be able to assist you in finding the right expert witness to help you in your case.

Your legal team will determine all defendants in the case of birth injury law firm injury to your child. They can include obstetricians and maternal-fetal medicine experts, nurses during the delivery and other healthcare providers. They'll need to establish the proper standard of care, which is generally defined by existing medical knowledge. This will require a detailed review and analysis of your child's records that may be complicated.

Your attorney will also have to estimate your child's future needs for care. This can be complicated, since it involves estimating costs for equipment and therapies and caregivers at home, as well as additional procedures and surgeries and much more. Your lawyer will collaborate with expert witnesses who can aid in accurately calculating these costs in the future.

Statute of limitations

Building a birth injury case involves careful research and the use of medical experts. It is important to choose a lawyer who has a profound understanding of the matter and understands how to build a solid case.

The first step is to establish that the defendant has violated his duty of care. This involves review of medical records and appointing the doctors involved. A lawyer will also hire medical experts to provide an opinion on whether or not the doctors acted in a proper manner in the circumstances.

Medical negligence is the failure to adhere to a set of standards of care and expertise. This applies to doctors and other health care professionals, but it is especially difficult for obstetricians, such as those who have extensive training and specialized knowledge. A legal action must also establish causation. This means that the medical error directly caused the injury to the child.

New York law gives parents two years to file a malpractice suit on behalf of a child who has been injured. However, minors are not able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a file for them by the parent or guardian. Medical malpractice claims are also subject to statutory limitations on damages, including non-economic damages. This limit is usually set by the court and is often based upon the number of similar claims in the state.

Getting Started

Receiving the proper recognition and compensation for the child's injuries caused by medical malpractice or negligence at birth requires the help of an experienced lawyer. A competent legal team knows how to evaluate the many factors that impact the settlement for a birth injury and how to argue for these in court to ensure you receive the highest amount of money.

A no-cost consultation with an attorney is the first step in establishing a relationship between you and your lawyer. The lawyer will then look into the matter by looking over medical records and contacting expert witnesses to define the acceptable standard for the relevant procedure.

Your lawyer will also negotiate and push the insurance companies of the defendants to negotiate on a fair amount for damages. If that fails your lawyer will start a lawsuit against medical professionals and bring the case to trial before a judge and jury.

If a verdict is made, your lawyer will draft the documents that will be used to calculate the damages you and your child owe. This includes the estimated cost of future medical treatments as well as the loss of income and other economic damages. Your lawyer can also estimate the lifetime costs of care for your child's injuries, a process known as life-care planning. This is typically a major portion of the settlement.