Birth Injury Settlement

A birth injury settlement can pay for long-term treatments that will allow your child to live a more comfortable life. The treatments include medications or home modifications as well as devices like wheelchairs.

Medical malpractice cases are not common which is why many families opt to settle their cases. The amount of a settlement depends on a number of factors.

Damages

A birth injury can impact the entire child's life including their quality of living. Certain patients may require medication to treat their ailments, while others may require home modifications or medical devices, such as wheelchairs. Parents might also need to quit their jobs in order to care for their children, which can result in an income loss. A lawyer will estimate the cost of treatment for a patient's entire life and then seek compensation to cover these expenses.

The value of a settlement is contingent on the severity and duration of the injury. Patients with cerebral palsy may have an increased medical bill over the course of their life than a person with Erb's Palsy or Shoulder Dystocia. Certain states limit the amount of noneconomic damages for suffering, pain and other emotional distress, which could lower a settlement value.

If an action is filed, birth injury lawyers for both sides will create evidence and collect details from witnesses to support their assertions of negligence. The parties will eventually meet to discuss possible solutions via settlement discussions. If negotiations are unsuccessful then the case can go to trial where the jury and a judge will hear arguments before deciding an opinion. Trials are usually more expensive and take longer than settlements. It is best to settle your case as quickly as possible.

Expert Witnesses

Expert witnesses can provide valuable evidence in support of a claim for damages. They can also be vital in proving the causality of a medical malpractice case which is a crucial element. It may be difficult for juries to determine whether your child's injuries result of a doctor's infraction to accepted professional practices without the assistance of an expert.

Your attorney will have to establish a link between negligence and the injuries of your child to prove causality. This can be done by a variety means 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 determine all the defendants in the case of birth injuries to your child. They could include obstetricians, medical specialists for maternal-fetal medicine, nurses during labor and delivery, as well as other healthcare providers. They will then have to determine the quality of care that is generally determined by the medical knowledge. This will require a detailed review and analysis of your child's medical records which could be quite complex.

Your attorney will also need to estimate your child's requirements for care. It is difficult to estimate the costs of therapies and equipment, caregivers at home, additional surgeries and procedures and more. Your lawyer will work with expert witnesses who can assist in calculating the future costs.

Statute of limitations

A birth injury case requires careful investigation and the involvement of medical experts. It is essential to select a lawyer with an extensive knowledge of the subject and who knows how to build an effective case.

The first step is to establish that the defendant violated his duty of care. This includes looking over medical records and deposing the doctors involved. A lawyer can also employ medical experts to give an opinion on the doctors acted properly under the circumstances.

Medical negligence is the failure to adhere to a set of standards of care and knowledge. This applies to doctors and other healthcare professionals, but is especially rigorous for specialists like obstetricians with their extensive training and specialization. A legal claim must establish causation, which implies that a medical error directly led to the child's injury.

New York law gives parents two years to file a malpractice suit on behalf of a child who has been injured. Minors cannot sue themselves pursuant to CPLR Sec. 1207.1. They must have an account with a parent or guardian on their behalf. Medical malpractice claims must comply with statutory limits on damages, which includes non-economic damages. This limit is usually set by the court and is typically based on the number of similar cases in the state.

Getting Started

An experienced attorney is necessary to secure the right amount of compensation and recognition for the injuries a child has suffered because of medical negligence or malpractice at birth. The legal team you choose is aware of how to analyze the various factors that impact the settlement for a birth injury and how to argue these in court to secure the maximum financial award.

The process begins with a free consultation with your lawyer to establish an attorney-client relationship. Once that is done your lawyer will begin investigating the case, including reviewing medical records and calling expert witnesses to define the standard of care that is accepted for the procedure in question.

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 bring a suit against the medical providers to bring the case before a jury and judge.

When a verdict is reached after a verdict is reached, your lawyer will draft the legal documents which will be used to calculate the damages you and your child deserve. This includes the projected costs of any future medical treatment as well as the loss of income and 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 large portion of the settlement that is awarded.