Birth Injury Settlement

A birth injury settlement may provide long-term care that will allow your child to lead an easier life. The treatments can include medication, home modifications, and equipment such as wheelchairs.

Medical malpractice trials are very rare, so many families choose to settle their cases. However, the amount of a settlement will depend on many aspects.

Damages

Birth injuries can impact all aspects of a child's life, including their quality of living. For instance, some people require medication to treat their ailments and others require home modifications or medical equipment such as wheelchairs. Parents may also be required to give up their jobs to take care of their children, resulting in a loss of income. A lawyer will assess a patient's estimated lifetime costs for treatment and seek enough compensation to cover these expenses.

The value of a settlement depends on the severity and length of the injury. For instance, a patient with cerebral palsy is more likely to have a greater lifetime medical bill than someone suffering from Erb's Palsy or shoulder dystocia, which are less serious injuries. Certain states limit the amount of noneconomic damages for suffering, pain and emotional distress, which could lower a settlement value.

When the lawsuit is filed, lawyers for both sides will prepare evidence and gather details from witnesses to support their allegations of negligence. Eventually the two sides will meet to discuss possible resolutions through settlement negotiations. If negotiations fail, the case could proceed to trial. A jury and judge will listen to arguments and make a decision. Trials are generally more expensive and long-lasting than settlements. Therefore, birth injury lawsuit it is best to settle as quickly as you can.

Expert Witnesses

Expert witnesses can be a valuable source of evidence when defending any claim for damages. They can be a vital part in proving causation, which is an essential element of any medical malpractice claim. It can be difficult for jurors to determine if your child's injuries result of the defendant's deviation from professional standards without expert testimony.

To establish causation, your lawyer will need to establish a link between your negligence and your child's injuries. This can be accomplished through various methods like medical documents and expert witness 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 help you identify the defendants involved in your child's birth injury lawsuit. They could include obstetricians as well as maternal-fetal medicine experts, nurses during the delivery and other healthcare professionals. Then, they will need to determine the quality of care that is usually defined by medical expertise. This requires a thorough review of your child's medical records, which may be complicated.

Your attorney will need to determine the needs for future care of your child. It can be difficult to determine the costs of therapies and equipment caregivers at home, additional procedures and surgeries, and many more. Your lawyer will work closely with experts to accurately estimate future expenses.

Statute of Limitations

The process of preparing a birth injury lawsuit requires careful research and the recourse to medical experts. It is important to choose an attorney with a profound understanding of the matter and who understands how to construct a convincing case.

The first step in a lawsuit is establishing that the defendant violated their duty of care. This involves reviewing medical records and deposing the doctors involved. A lawyer may also engage medical experts to provide an opinion on the doctors acted in a proper manner under the circumstances.

Medical negligence is the inability to meet a standard of care and expertise. This is applicable to doctors and other health care professionals however it is more rigorous for specialists like obstetricians who have extensive training and knowledge. A legal claim must also establish the causation. This means that the medical error directly caused the injury to the child.

Parents have two years to file a malpractice claim on behalf of a child who is injured under New York law. Minors are not able to sue themselves according to CPLR Sec. 1207.1. They must have a parent or guardian file on their behalf. Medical malpractice claims are subject to statutory limitations on damages, including non-economic damages. This limit is typically set by the court and is usually based on the number of similar cases in the state.

Getting Started

An experienced attorney is necessary to get adequate compensation and recognition for the injuries a child suffers because of medical negligence or malpractice in the course of birth. A competent legal team will know how to review the numerous factors that impact a birth injury attorney injuries settlement and how to argue for them in court so that you receive the most amount of money.

The procedure begins with a no-cost consultation with your lawyer to establish an attorney-client relationship. Once this is established your lawyer will conduct an investigation into the case, including reviewing medical records and bringing experts who can define the standard of care that is accepted for the procedure in question.

Your lawyer will also negotiate with the insurers of the defendants and force them to agree for a fair amount of damages. If this fails, your attorney will bring a suit against the medical providers and present the case in front of a jury and judge.

Your lawyer will prepare the documents needed to calculate the amount of damages you and your child are entitled to. This includes the estimated costs of any future medical treatment or loss of income, as well as other economic damages. The lawyer can also estimate the life-long costs of care of your child's injuries. This is referred to as life-care plan. This is usually a significant part of the settlement.