Birth Injury Settlement

A birth injury settlement may be used to fund long-term treatments that will allow your child to lead a more comfortable lifestyle. These treatments may include home modifications, medication and equipment like wheelchairs.

Medical malpractice trials are rare which is why many families opt to settle their cases. However, the amount of a settlement may depend on a variety of factors.

Damages

Birth injuries can impact every aspect of a child's life including their quality of living. Some patients may need medication to manage their ailments, while others may require modifications to their homes or medical devices like wheelchairs. Parents may also be required to give up their jobs to care for their children, which can result in a loss of income. A lawyer will estimate the cost of treatment for a patient's entire life and then seek compensation to cover these expenses.

The severity and duration of the injury will also determine the value of a settlement. A person suffering from cerebral palsy is likely to have an increased medical bill over the course of their life than a person with Erb’s Palsy or Shoulder Dystocia. In addition, some states place a limit on the amount of non-economic damages that can be awarded for pain and suffering, which could lower a settlement's value.

If an action is filed, lawyers for both sides will create evidence and collect evidence from witnesses to back their accusations of negligence. The parties will eventually meet to discuss possible solutions via settlement negotiations. If negotiations do not succeed, the case can be heard in court. A jury and judge will hear arguments and make a decision. Trials are generally more expensive and lengthy than settlements. It is recommended to settle your case as soon as you can.

Expert Witnesses

Expert witnesses can provide valuable evidence in support of an action for damages. They are also crucial in proving the causality of a medical malpractice case and is a vital aspect. It can be difficult for Birth Injury juries to determine whether your child's injuries are the result of the defendant doctor's deviation from accepted professional practices without the assistance of an expert.

To establish causation, your lawyer will need to establish a connection between the negligence and your child's injuries. This can be done by several methods including medical records, as well as expert testimony. Your lawyer will be able assist you in finding the most suitable expert witness to assist your case.

Your legal team will determine the defendants involved in your child's birth injury lawsuit. They could include obstetricians, maternal-fetal medicine experts, nurses during the delivery and other healthcare providers. They'll need to establish the appropriate standard of care, which is typically determined by the current medical knowledge. This will require a thorough review and analysis of your child's records which could be quite complex.

Your attorney must determine the needs for future care of your child. It can be difficult to estimate the cost of therapies and equipment caregivers at home further surgeries and procedures, and many more. Your lawyer will work closely with expert witnesses to accurately determine the cost of future expenses.

Statute of Limitations

The process of constructing a birth injury claim involves careful research and the use of medical experts. It is crucial to choose an attorney who has an understanding of the subject and who is skilled at constructing a solid case.

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

Medical negligence is defined as a failure to adhere to the standards of care and proficiency. This applies to doctors and other healthcare professionals, but it's especially strict for specialists such as obstetricians with their extensive training and expertise. A legal action 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 lawsuit on behalf of their child who has been injured. However, minors are not permitted to file a claim themselves under CPLR Sec. 1207.1. They must have a file for them by the parent or guardian. Medical malpractice claims are subject to the statutory limitations on damages, which include non-economic damages. This limit is typically set by the court and is often based on the number of similar cases in the state.

Getting Started

The right amount of recognition and compensation for injuries sustained by a child due to medical malpractice or negligence at birth requires the help of an experienced lawyer. The legal team you choose can analyze the various factors that influence a birth injury settlement and how to present them in court so 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 then conduct an investigation into the case by examining medical records and calling in experts to establish the accepted standard for the applicable procedure.

Your lawyer can also negotiate with and push the insurance companies of the defendants to negotiate on a fair amount for damages. If this fails, your lawyer will start a lawsuit against medical professionals and bring the case to trial before a judge and jury.

Your lawyer will create the documents needed to calculate the amount of damages you and your child are entitled to. This includes the estimated costs of any future medical treatment as well as the loss of income and other economic damages. Your lawyer can also estimate the cost of care for your child over the course of his life of your child's injuries. This is known as a life-care strategy. This usually is a large part of the settlement.