Birth Injury Settlement

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

Many families settle their cases because medical malpractice lawsuits are rare. The amount of settlement is contingent on a variety of factors.

Damages

A birth injury can affect every aspect of a child's development, including their quality of life. For instance, some children require medication to treat their symptoms and others require home modifications or medical equipment, such as wheelchairs. Parents may also have to quit their jobs to take care of their children, resulting in the loss of income. A lawyer will estimate the patient's lifetime treatment costs, and then seek compensation to pay for the costs.

The value of a settlement also is contingent on the severity and length of the injury. For instance, a person with cerebral palsy is more likely to suffer a higher life-time medical expense than someone with Erb's Palsy or shoulder dystocia which are less serious injuries. Furthermore, some states put limitations on the amount of non-economic damages that can be awarded for suffering and pain which can lower the value of a settlement.

Both sides will collect evidence from witnesses and create evidence when a lawsuit is filed. Then both sides will meet to discuss possible resolutions via settlement negotiations. If negotiations fail, the case could go to trial. A jury and judge will listen to arguments and render a verdict. Trials tend to be more expensive and long-lasting than settlements. Therefore, it is advisable to settle as soon as you can.

Expert Witnesses

Expert witnesses can be an invaluable source of evidence when defending an action for damages. They also play an important role in showing causation, which is an essential element of any medical malpractice case. It may be difficult for jurors to determine if your child's injuries result of the defendant's deviation from professional standards without the assistance of an expert.

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

Your legal team will be able to identify the defendants in your child's birth injury lawsuit. They could include obstetricians, maternal-fetal medicine experts, nurses during birth injury law firm and other healthcare professionals. They'll then have to establish the proper standards of care, which is generally established by the existing medical knowledge. This will involve a detailed review of the medical records of your child which may be complicated.

Your attorney will have to determine the future needs of your child. This can be difficult, because it involves estimating the cost for equipment and therapies and caregivers at home, as well as additional procedures and surgeries, and more. Your lawyer will collaborate with expert witnesses who can assist in calculating these future expenses.

Statute of limitations

The process of preparing a birth injury lawsuit involves careful research and the use of medical experts. It is crucial to select an attorney with a profound understanding of the matter and who understands how to construct a strong case.

The first step is to prove that the defendant has violated his duty of care. This involves the review of medical records as well as taking depositions of the doctors involved. Attorneys can also seek medical experts to give an opinion on whether or not the doctors acted appropriately under the circumstances.

Medical negligence is the inability to meet a standard of care and knowledge. This standard applies to doctors and other healthcare professionals, but it's especially rigorous for specialists like obsetricians, who have a vast education and specialized expertise. A legal action must also establish causation. This means that the medical error directly caused the injury to the child.

Parents have two years to make a claim for malpractice on behalf of an injured child under New York law. However, minors are not permitted to file a claim themselves under CPLR Sec. 1207.1. They must have an account with a parent or guardian on their behalf. Medical malpractice claims must also be in compliance with the law regarding damages, including non-economic damages. This limit is usually set by the court and is typically determined by the number similar cases in the state.

Getting Started

An experienced attorney is needed to obtain the proper compensation and recognition for injuries that a child may have suffered because of medical negligence or malpractice during birth. The legal team you choose will know how to review the various factors that impact a birth injuries settlement and how to argue them in court so that you get the maximum financial compensation.

The process begins with a complimentary consultation with your lawyer to establish an attorney-client relationship. Your lawyer will investigate the matter by looking over medical records and calling in experts to determine the accepted standard for the relevant procedure.

Your lawyer will also negotiate with and push the insurance companies of the defendants to agree on a fair amount of damages. If that doesn't work, your lawyer will make a claim against the medical professionals and bring the case to trial before a jury and a judge.

Your lawyer will draft the documents required to calculate the amount of damages you and your child are entitled to. This will include the projected costs of any future medical treatment or Birth injury lawsuit loss of income, as well as other economic damages. Your lawyer can also map out the life-long costs of care for your child's injuries. This is called life-care planning. This is often a significant component of the settlement you receive.