Birth Injury Settlement

A settlement for a birth injury 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 equipment such as wheelchairs.

Medical malpractice trials are extremely rare so a lot of families choose to settle their cases. The amount of a settlement will depend on several factors.

Damages

A birth injury can affect every aspect of a child's development, including their quality of life. Some patients may require medication to treat their symptoms, while others may require home modifications or medical devices, such as wheelchairs. Parents may also need to quit their jobs in order to take care of their children, resulting in the loss of income. A lawyer will estimate the estimated lifetime treatment costs and seek enough compensation to cover the costs.

The value of a settlement depends on the severity and duration of the injury. For instance, a person with cerebral palsy will likely suffer a higher life-time medical expenses than a person suffering from Erb's Palsy or shoulder dystocia which are injuries that are less severe. Furthermore, some states put a limit on the amount of non-economic damages to pain and suffering that could reduce the value of a settlement.

Both sides will gather evidence from witnesses and create evidence when a lawsuit is filed. In the end the parties will meet to discuss possible resolutions via settlement talks. If negotiations do not succeed, the case can be heard in court. A judge and jury will hear arguments and decide. Trials are generally more expensive and lengthy than settlements. Therefore, it is best to settle as soon as you can.

Expert Witnesses

Expert witnesses can be a valuable resource in proving a claim for damages. They can be a vital part in proving causation, which can be essential to any medical malpractice claim. It may be difficult for juries to determine if your child's injuries are the result of the defendant doctor's deviation from accepted professional practices without expert testimony.

Your attorney will have to establish the connection between negligence and the injuries of your child to prove the causality. This can be done through various methods such as medical records and expert testimony. Your lawyer will know where to find the best experts to help in your case.

Your legal team will identify the defendants in the event of birth injuries to your child. They may include obstetricians medical specialists for maternal-fetal medicine, nurses during the labor and birth process, and other healthcare professionals. They will then need to determine the standard of care which is usually defined by medical expertise. This will require a thorough review of your child's medical records which can be a bit complicated.

Your attorney will have to determine the future needs of your child. It can be difficult to estimate the cost of therapies and equipment, caregivers at home, additional surgeries and procedures and many more. Your lawyer will collaborate with experts to accurately determine the cost of future expenses.

Statute of Limitations

A birth injury law firms injury case requires careful research and the involvement of medical experts. It is essential to select a lawyer who has a profound understanding of the matter and understands how to construct a convincing case.

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

Medical negligence is defined as a inability to meet an expected level of care and competence. This applies to doctors and other health professionals however, it is more difficult for obstetricians, such as those who have extensive training and expertise. A legal claim must also establish causation, which implies that a medical error birth injury law firms directly caused the injury to the child.

Parents have two years to make a claim for malpractice on behalf of a child who has been injured under New York law. Minors are not able to sue themselves, birth Injury law firms according to CPLR Sec. 1207.1. They must have the file of a parent/guardian on their behalf. Medical malpractice claims must also conform to the legal limits for damages, including non-economic damages. The limit is usually determined by the court, and is often based upon the number of similar claims in the state.

Getting Started

The right amount of recognition and compensation for a child's injuries caused by medical malpractice or negligence during birth injury lawsuits requires the help of a seasoned attorney. A competent legal team will know how to review the numerous aspects that influence a birth injury settlement and how to argue them in court to ensure that you get the maximum amount of financial compensation.

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

Your lawyer will also negotiate and push insurance companies of the defendants to settle on a fair amount of damages. If this fails, your attorney will file a lawsuit against the medical professionals to take the case before a judge and jury.

Your lawyer will draft the documents needed to calculate the damages that you and your child are entitled to. This includes the projected expenses of future medical treatments, loss of income and other economic damages. Your lawyer may also calculate 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 part of the settlement award.