Birth Injury Settlement

A birth injury lawyer injury settlement may provide long-term treatment that will allow your child to lead a more relaxed lifestyle. These treatments may include medication, home modifications and equipment like wheelchairs.

Medical malpractice cases are not common, so many families choose to settle their cases. The amount of settlement will depend on several factors.

Damages

A birth injury can affect every aspect of a child's life, including their quality of life. Certain patients may require medication to manage their ailments, while others may require home modifications or medical devices like wheelchairs. Parents might also have to quit their jobs to take care of their children, which could result in an income loss. A lawyer will assess a patient's estimated lifetime costs for treatment and seek enough compensation to cover these expenses.

The severity and duration of the injury will also affect the value of the settlement. For instance, a patient with cerebral palsy is likely 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 pain, suffering and other emotional distress, which may reduce the value of a settlement.

Both sides will collect evidence from witnesses and prepare evidence when a lawsuit is filed. In the end, both sides will meet to discuss possible resolutions through settlement talks. If negotiations are unsuccessful the case will go to trial, where the jury and a judge will hear arguments and issue an opinion. Trials are generally more expensive and long-lasting than settlements. Therefore, it is recommended to settle as quickly as you can.

Expert Witnesses

Expert witnesses can provide valuable evidence in support of any claim for damages. They also play an important role in proving causation, which is an essential aspect of any medical malpractice case. It may be difficult for juries to determine whether your child's injuries result of a doctor's deviation from professional standards without expert testimony.

To prove causation, your attorney must establish a link between your negligence and the child's injuries. This can be done by several methods including medical records, as well as expert testimony. Your lawyer will be able help you locate the best expert witness to assist your case.

Your legal team will determine the defendants in your child's birth injury lawsuit. They may include obstetricians maternal-fetal medicine specialists, nurses during labor and delivery, and other healthcare professionals. They will then need to determine the standard of care, which is typically defined by medical knowledge. This requires a thorough review of your child's medical records which may be complicated.

Your attorney must calculate the future care needs of your child. This can be complicated, since it involves estimating costs for therapies and equipment, in-home caregivers, additional procedures and surgeries and much more. Your lawyer will collaborate with expert witnesses who can help you calculate the future costs.

Statute of limitations

A birth injury case involves careful research and the use of medical experts. It is important to select an attorney who has an extensive knowledge of the subject matter and who is able to construct a solid case.

The first step is to establish that the defendant violated his duty of care. This is done by looking over medical records and taking depositions of the physicians involved. An attorney will also engage medical experts to give an opinion about whether the doctors acted appropriately under the circumstances.

Medical negligence is defined as the failure to adhere to the standard of care and skill. This standard applies to doctors and other health professionals however it is more rigorous for specialists like obstetricians who have extensive training and expertise. A legal action must also establish causation. This means that the medical error directly caused the injury to the child.

Parents have two years to make a claim for malpractice on behalf of their child injured under New York law. However, minors are not allowed to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a parent or guardian file on their behalf. Medical malpractice claims must conform to the statutory limits on damages, including non-economic damages. This limit is typically set by the court and is often determined by the number similar cases in the state.

Getting Started

An experienced attorney is needed to secure the right amount of compensation and recognition for the injuries that a child may have suffered due to medical negligence or malpractice at birth. The legal team you choose is aware of how to evaluate the many aspects that impact the settlement of a birth injury, and how to present these in court to obtain the most money-based settlement.

A free consultation with an attorney is the initial step to establish a relationship between you and your lawyer. The lawyer will then look into the case by reviewing medical records and contacting experts to establish the accepted standard for the applicable procedure.

Your lawyer will also negotiate with defendants' insurance companies and force them to agree for reasonable damages. If this fails your lawyer will file a suit against the medical professionals to take the case before a jury and judge.

If a decision is reached the lawyer will draft the legal documents which will be used to calculate the damages you and your child are entitled to. This includes the estimated cost of future medical procedures as well as the loss of income and other economic damages. Your lawyer can also outline the costs over the life of your child's care for your child's injuries, a process known as life-care planning. This can be a significant portion of the settlement that is awarded.