Birth Injury Settlement

A settlement for a birth injury can provide long-term treatment options that allow your child to live a more comfortable life. These treatments could include home modifications, medication and other equipment, such as wheelchairs.

Many families settle their cases because medical malpractice lawsuits are not common. However, the amount of settlement can depend on several factors.

Damages

Birth injuries can affect all aspects of a child's life, including their quality of living. Some patients may require medication to treat their symptoms, while others might require home modifications or medical devices like wheelchairs. Parents may also have to give up their jobs to care for their children, which can result in losing income. A lawyer will estimate the cost of treatment for a lifetime and then seek compensation to pay for the cost.

The value of a settlement also depends on the severity and length of the injury. A patient with cerebral palsy may have an increased medical bill throughout their life than those suffering from Erb's Palsy or Shoulder Dystocia. Certain states limit the amount of noneconomic damages for pain, suffering and other emotional distress, which can lower a settlement value.

When the lawsuit is filed, lawyers for both sides will prepare evidence and gather information from witnesses to support their assertions of negligence. At some point the parties will meet to discuss possible solutions through settlement talks. If negotiations do not succeed, the case can be brought to trial. A jury and judge will hear arguments and render a verdict. Trials are usually more expensive and time-consuming than settlements. It is best to settle your case as soon as you can.

Expert Witnesses

Expert witnesses can provide important evidence in support of a claim for damages. They be a vital part in proving causation, which can be an essential element of any medical malpractice claim. It may be difficult for jurors to decide if your child's injuries are the result of the defendant doctor's deviation from accepted professional practices without the assistance of an expert.

Your attorney will have to establish a link between negligence and the injuries sustained by your child in order to prove the causality. This can be accomplished by various methods, such as medical documents and expert witness testimony. Your lawyer will be able to help you find the best expert witness to help you in your case.

Your legal team will determine the defendants in your child's birth injury lawsuit. These can 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 which is usually determined by medical knowledge. This will require a thorough review and review of your child's health records which could be quite complex.

Your attorney will also have to estimate your child's future needs for care. It isn't easy to estimate the cost of therapies, equipment caregivers at home further surgeries and procedures, and much more. Your lawyer will work closely with expert witnesses to accurately estimate future expenses.

Statute of limitations

The process of preparing a birth injury lawsuit involves careful research and the use of medical experts. It is essential to choose an attorney with thorough understanding of the matter and who knows how to construct a strong case.

The first step in a lawsuit is to prove that the defendant has violated their duty of care. This involves review of medical records and appointing the doctors involved. A lawyer will also hire medical experts to give an opinion on whether the doctors acted appropriately in the circumstances.

Medical negligence is the failure to meet a standard of care and competence. This applies to doctors and other health professionals however it is more difficult for obstetricians, such as those who have a vast amount of training and knowledge. A legal claim must establish causation, which implies that a medical error directly caused 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. However, minors are not able to file a lawsuit themselves under CPLR Sec. 1207.1. They must be accompanied by a file for them by an adult or guardian. Medical malpractice claims must be in compliance with the law regarding damages, which includes noneconomic damages. This limit is typically set by the court and is typically determined by the number similar cases in the state.

Getting Started

The right amount of recognition and compensation for injuries sustained by a child caused by medical malpractice or negligence at birth requires the assistance of an experienced attorney. A legal team that is competent will be able to analyze the various factors that impact a birth injuries settlement and how to argue for them in court so that you receive the most amount of money.

The process begins with a free consultation with your lawyer to establish an attorney-client relationship. After that your lawyer will conduct an investigation into the case, including reviewing medical records and calling expert witnesses to define the standard of care that is accepted for the specific procedure.

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

Your lawyer will prepare the necessary documents to calculate the damages you and your child are entitled to. This will include the projected costs of future medical treatments as well as 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 a life-care program. This can be a significant component of the settlement you receive.