Birth Injury Settlement

A settlement for birth injuries can pay for long-term treatments that allow your child to lead a more comfortable and healthy life. The treatments can include home modifications, medication and even equipment like wheelchairs.

Medical malpractice trials are extremely rare which is why many families opt to settle their cases. The amount of a settlement is contingent on a variety of factors.

Damages

birth injury attorney injuries can impact all aspects of a child's life including their quality of life. Some patients may require medication to treat their symptoms, while others might require home modifications or medical devices, such as wheelchairs. Parents could also need to quit their jobs to care for their children, resulting in losing income. A lawyer will assess the estimated lifetime treatment costs and request enough compensation to cover those expenses.

The value of a settlement is contingent on the severity and length of the injury. A person with cerebral palsy will likely have more medical expenses throughout their lifetime than someone with Erb's Palsy or Shoulder Dystocia. Some states limit the amount of noneconomic damages for suffering, pain and emotional distress. This can reduce the value of a settlement.

If an action is filed, lawyers for both sides will prepare evidence and gather information from witnesses to prove their claims of negligence. The parties will eventually meet to discuss possible solutions in settlement talks. If negotiations fail the case will go to trial, where a judge and jury will hear arguments and issue a verdict. However, trials are usually more expensive and lengthy than settlements. Therefore, it is recommended to settle as soon as you can.

Expert Witnesses

Expert witnesses can provide crucial evidence in support of any claim for damages. They can also be vital in proving the cause of an injury resulting from medical malpractice, which is an essential aspect. Without expert testimony, it could be difficult for jurors to determine if your child's injuries resulted from the doctor who was accused of violating the accepted standards of professional practice.

To establish causation, your lawyer will need to establish a link between your negligence and your child's injuries. This can be done through various methods such as medical documents and expert witness testimony. Your lawyer will be able to help you locate the best expert witness to aid your case.

Your legal team will identify the defendants in your child's birth injury lawsuit. They may include obstetricians maternal-fetal medicine specialists nurses during labor and delivery, as well as other healthcare providers. Then, they'll need to determine the quality of care that is generally 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 have to determine the future needs of your child. It isn't easy to estimate the cost of therapies, equipment caregivers at home, further surgeries and procedures, and much more. Your lawyer will collaborate with expert witnesses 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 crucial to choose an attorney who has an in-depth understanding of the subject and knows how to build a solid case.

The first step is to establish that the defendant has breached his duty of care. This requires review of medical records and appointing the doctors involved. Attorneys can also seek medical experts to provide an opinion on whether or not the doctors acted appropriately under the circumstances.

Medical negligence is defined as a failure to adhere to the standard of care and expertise. This standard is applicable to doctors and other healthcare professionals, but it's particularly rigorous for specialists like obstetricians with their extensive training and specialized knowledge. A legal claim must also establish causation, which is that a medical error directly caused the injury to the child.

New York law gives parents two years to file a malpractice lawsuit on behalf of their child who has suffered injury. Minors are not able to sue themselves, according to CPLR Sec. 1207.1. They must have a medical file for them by a parent or guardian. Medical malpractice claims are also subject to the 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

Getting adequate recognition and compensation for injuries sustained by a child caused by medical negligence or negligence during birth requires the help of a seasoned attorney. A competent legal team will be able to analyze the many different factors that impact a birth injury settlement and how to argue these in court to ensure that you get the maximum financial compensation.

The procedure begins with a free consultation with your lawyer to establish an attorney-client relationship. Your lawyer will then conduct an investigation into the matter by looking over medical records and contacting experts to establish the accepted standard for the applicable procedure.

Your lawyer will also negotiate with the insurers of the defendants and pressure them to settle for an appropriate amount of damages. If that doesn't work your lawyer will start a lawsuit against medical professionals and bring the case to trial before a jury and judge.

When a ruling is reached the lawyer will draft the legal documents that will be used to calculate the amount of damages you and your child should be entitled to. This includes the estimated cost of future medical treatment as well as the loss of income and birth injury lawsuit other economic damages. Your lawyer can also calculate the cost of care for your child over the course of his life of your child's injuries. This is known as a life-care program. This is usually a large portion of the settlement that is awarded.