birth injury law firm Injury Settlement

A birth injury settlement may pay for long-term treatment that helps your child lead a more comfortable lifestyle. These treatments may include medication, home modifications and equipment like wheelchairs.

Many families settle their cases because medical malpractice lawsuits are rare. The amount of a settlement depends on a number of factors.

Damages

A birth injury can affect all aspects of a child's life including their quality of living. For instance, some people need medication to manage symptoms and others require home modifications or injury medical equipment, such as wheelchairs. In addition, parents may have to leave their jobs to take care of their children, leading to losing income. A lawyer will estimate the cost of treatment for a patient's entire life and then seek compensation to cover the costs.

The severity and duration of the injury can influence the value of the settlement. For instance, a person with cerebral palsy is likely have a much higher lifetime medical cost than a patient suffering from Erb's Palsy or shoulder dystocia which are less serious injuries. Furthermore, some states put an upper limit on the amount of non-economic damages incurred for pain and suffering which can lower the value of a settlement.

Both sides will collect evidence from witnesses and create evidence when a lawsuit is filed. The parties will eventually meet to discuss possible solutions via settlement negotiations. If negotiations are unsuccessful the case will go to trial, where a judge and jury will hear arguments and then issue the verdict. Trials are generally more expensive and lengthy than settlements. It is recommended to settle your case as quickly as you can.

Expert Witnesses

Expert witnesses can provide important evidence in support of the claim for damages. They can also be crucial in proving the causation of the medical malpractice claim, which is an essential aspect. Without expert testimony, it could be difficult for jurors to determine whether the injuries suffered by your child were caused by the doctor's deviance from accepted professional practices.

Your attorney must establish the connection between negligence and the injuries of your child to establish causation. This can be accomplished through various methods that include medical records and expert testimony. Your lawyer can help you find the best experts to aid in your case.

Your legal team will determine the defendants in the event of birth injuries to your child. They could include obstetricians as well as maternal-fetal medicine experts, nurses during the delivery and other healthcare providers. They will then have to determine the level of care which is usually defined by medical expertise. This will require a thorough review of the medical records of your child which can be a bit complicated.

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

Statute of Limitations

A birth injury case requires careful research and the involvement of medical experts. It is crucial to choose an attorney who has a thorough understanding of the subject and is skilled at constructing a solid case.

The first step is to establish that the defendant has breached his duty of care. This is done by reviewing medical records and taking depositions of the physicians involved. Attorneys can also seek medical experts to provide an opinion as to whether the doctors acted appropriately in the circumstances.

Medical negligence is the inability to adhere to a set of standards of care and competence. This is applicable to doctors and other healthcare professionals, but it's especially rigorous for specialists like doctors of obstetrics with their extensive education and specialized expertise. A legal claim must also establish causation, which means that a medical mistake 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 allowed to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a file for them by the parent or guardian. Medical malpractice claims must also be in compliance with the law regarding damages, including non-economic damages. This limit is usually set by the court and is often based on the number of similar cases in the state.

Getting Started

Getting adequate recognition and compensation for a child's injuries due to medical malpractice or negligence during birth requires the help of an experienced attorney. The right legal team can analyze the various factors that influence a birth injury settlement and how to argue these in court to ensure that you receive the most financial award.

The procedure begins with a free consultation with your lawyer to establish an attorney-client relationship. Your lawyer will investigate the case by reviewing medical records and calling in expert witnesses to define the acceptable standard for the relevant procedure.

Your lawyer will also negotiate and push insurance companies of the defendants on a fair amount for damages. If this doesn't work, your lawyer will file a lawsuit against the medical professionals and bring the case to trial before a jury and judge.

Your lawyer will draft the documents needed to calculate the damages that you and your child are entitled to. This includes the anticipated expenses of future medical treatments as well as loss of income and other economic damages. Your lawyer can also map out the lifetime costs of care for your child's injuries. This process is known as life-care planning. This can be a significant component of the settlement you receive.