Birth Injury Settlement

A settlement for birth injuries can provide long-term treatment options which will help your child live a more comfortable life. These treatments can include medication, home modifications, and equipment such as wheelchairs.

Medical malpractice trials are extremely rare which is why many families opt to settle their cases. The amount of settlement will depend on several factors.

Damages

Birth injuries can impact every aspect of a child's life including their quality of living. For example, some patients require medication to manage their symptoms and others require home modifications or medical equipment such as wheelchairs. Parents may also need to quit their jobs to care for their children, resulting in the loss of income. A lawyer will determine a patient's estimated lifetime costs for treatment and seek enough compensation to pay for those costs.

The severity and length of the injury may determine the value of a settlement. For instance, a person with cerebral palsy will likely have a much higher lifetime medical bill than someone suffering from Erb's Palsy or shoulder dystocia which are injuries that are less severe. Some states restrict the amount of non-economic damages for pain, suffering and other emotional distress. This can lower a settlement value.

Both sides will gather evidence from witnesses and create evidence once a lawsuit is filed. The parties will eventually meet to discuss possible solutions in settlement discussions. If negotiations fail, the case could go to trial. A judge and jury will hear arguments and make a decision. Trials can be more costly and take longer than settlements. Therefore, it is advisable to settle as fast as you can.

Expert Witnesses

Expert witnesses can be a valuable source of evidence when defending the claim for damages. They also play a crucial role in the process of proving causation, which is a necessary element of any medical malpractice claim. Without an expert witness, it could be difficult for a jury to determine if the injuries suffered by your child were the result of the defendant doctor's deviation from the accepted standards of professional practice.

Your lawyer will need to establish a link between negligence and the injuries suffered by your child to prove the causality. This can be done by various methods including medical documents and expert witness testimony. Your lawyer will be able to assist you in finding the right expert witness to aid your case.

Your legal team will identify all the defendants in the case of birth injuries to your child. They may include obstetricians maternal-fetal medicine specialists, nurses during labor and delivery, and other healthcare providers. Then, they will need to determine the level of care, which is typically determined by medical knowledge. This will require a thorough review and analysis of your child's medical records which could be quite complex.

Your attorney will also have to calculate your child's future needs for care. It is difficult to estimate the cost of therapies, equipment caregivers at home additional procedures and surgeries, and much more. Your lawyer will collaborate with expert witnesses to aid in accurately calculating the future costs.

Statute of limitations

The process of preparing a birth injury lawsuit requires careful research and the use of medical experts. It is important to choose an attorney with a extensive knowledge of the matter and who knows how to construct a convincing case.

The first step in a lawsuit is establishing that the defendant acted in breach of their duty of care. This includes review of medical records and appointing the doctors involved. A lawyer will also hire medical experts to give an opinion as to whether the doctors acted properly in the circumstances.

Medical negligence is defined as a inability to meet the standards of care and competence. This standard applies to doctors and other health care professionals but is particularly demanding for specialists such as obstetricians who are highly trained and have specialized knowledge. A legal claim must also establish causation, which means that a medical mistake directly caused the child's injury.

Parents have two years to file a malpractice claim on behalf of an injured child under New York law. However, minors aren't able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have an official file of a parent or birth injuries guardian on their behalf. Medical malpractice claims must conform to the legal limits for damages, birth injuries which includes non-economic damages. This limit is typically set by the court and is usually based on the number of similar claims in the state.

Getting Started

A skilled attorney is required to get adequate compensation and recognition of the injuries a child has sustained because of medical negligence or malpractice at birth. A competent legal team knows how to evaluate the many aspects that impact the settlement for a birth injury and how to argue these in court to secure the most money-based settlement.

A free consultation with an attorney is the first stage in establishing a rapport between you and your lawyer. Once that happens your lawyer will begin investigating the matter, including reviewing medical records and calling in expert witnesses who can define the accepted standard of care for the relevant procedure.

Your lawyer can be negotiating and pushing the insurance companies of the defendants to negotiate on a fair amount for damages. If this fails then your lawyer will file a lawsuit against the medical providers and bring the case before a judge and jury.

Your lawyer will prepare the documents required to calculate the damages you and your child are entitled to. This will include the projected cost of future medical treatments as well as loss of income and other economic damages. Your lawyer can also map out the costs over the life of your child's care for your child's injuries, a process called life-care planning. This is usually a large portion of the settlement that is awarded.