Birth Injury Settlement

A settlement for birth injuries can provide long-term treatment options that help your child live a more comfortable life. These treatments could include home modifications, medication and even equipment like wheelchairs.

Medical malpractice trials are very rare and therefore many families decide to settle their cases. However, the amount of settlement can depend on several aspects.

Damages

Birth injuries can affect every aspect of a child's life, including the quality of living. For instance, some people need medication to manage symptoms and others require modifications to their homes or medical equipment, birth injuries such as wheelchairs. Parents may also need to give up their jobs to care for their children, resulting in a loss of income. A lawyer will estimate the patient's lifetime treatment costs, and then seek compensation to pay for these expenses.

The severity and duration of the injury may affect the value of the settlement. A person with cerebral palsy may have greater medical expenses 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 emotional distress, which may reduce the value of a settlement.

If an action is filed, lawyers on both sides prepare evidence and gather information from witnesses to prove their claims of negligence. At some point the parties will meet to discuss possible resolutions via settlement negotiations. If negotiations fail, the case can proceed to trial where the jury and judge will hear arguments and then issue the verdict. Trials can be more costly and long-lasting than settlements. It is recommended to settle your case as soon as possible.

Expert Witnesses

Expert witnesses can provide important evidence in support of any claim for damages. They can also be essential in proving the cause of a medical malpractice claim, which is an essential aspect. Without an expert witness, it could be difficult for a jury to determine whether your child's injuries were the result of the defendant doctor's deviation from the accepted professional guidelines.

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

Your legal team will determine the defendants involved in the birth injury case of your child. These can include obstetricians, maternal-fetal medicine specialists, nurses during the labor and birth process, and other healthcare providers. They will then need to determine the quality of care which is usually determined by the medical knowledge. This will require a thorough review and analysis of your child's records, which may be complex.

Your attorney will have to calculate the future care needs of your child. This can be a bit complicated because it involves estimating the cost for equipment and therapies such as in-home caregivers, procedures and surgeries, and more. Your lawyer will collaborate with expert witnesses to precisely determine the cost of future expenses.

Statute of Limitations

Building a birth injury attorneys injury case requires careful investigation and the use of medical experts. It is crucial to select an attorney who has an understanding of the subject and who knows how to build a solid case.

The first step is to establish that the defendant has breached his duty of care. This is done by the review of medical records as well as taking depositions of the doctors involved. A lawyer will also hire medical experts to provide an opinion on whether or not the doctors acted in a proper manner under the circumstances.

Medical negligence is defined as the failure to adhere to the standards of care and proficiency. This applies to doctors and other health care professionals however it is more demanding for specialists such as obstetricians who have a vast amount of training and knowledge. A legal claim must also establish the cause. This means that the medical error directly caused the injury to the child.

New York law gives parents two years to file a malpractice suit on behalf of their child who has been injured. However, minors are not allowed to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a record for them by the parent or guardian. Medical malpractice claims must also comply with statutory limits on damages, which includes 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 birth injuries compensation for a child's injuries caused by medical negligence or negligence during birth requires the help of a seasoned lawyer. The legal team you choose will know how to evaluate the numerous aspects that impact a birth injuries settlement and how to present them in court to ensure you receive the maximum financial compensation.

A complimentary consultation with an attorney is the first step in establishing a connection between you and your lawyer. The lawyer will then look into the case by examining medical records and calling in experts to establish the accepted standard for the relevant procedure.

Your lawyer will also negotiate with defendants' insurance companies and press them to settle for reasonable damages. If that doesn't work the lawyer will make a claim against the medical providers and take the case to trial before a jury and judge.

Your lawyer will create the documents necessary to calculate the amount of damages you and your child are entitled to. This will include the projected costs of medical treatment in the future, loss of income, and other economic damages. Your lawyer can also outline the lifetime costs of care for your child's injuries, which is known as life-care planning. This is usually a large part of the settlement.