Birth Injury Settlement

A birth injury attorneys injury settlement can be used to pay for long-term therapies that will allow your child to live a more comfortable life. The treatments can include medication, home modifications and equipment like wheelchairs.

Medical malpractice trials are very rare and therefore many families decide to settle their cases. The amount of settlement depends on several factors.

Damages

Birth injuries can impact all aspects of the child's existence, including their standard of living. For instance, some patients require medication to manage their symptoms and others require home modifications or medical equipment such as wheelchairs. Parents may also need to quit their jobs to care for their children, resulting in the loss of income. A lawyer will estimate the patient's lifetime treatment costs and then seek compensation to pay for the costs.

The amount of a settlement is contingent on the severity and length of the injury. For instance, a person with cerebral palsy is more likely to have a higher lifetime medical cost than a patient 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 incurred for pain and suffering and this could decrease the value of a settlement.

Both sides will gather evidence from witnesses and create evidence when a lawsuit is filed. Eventually the two sides will meet to discuss possible resolutions through settlement negotiations. If negotiations fail and the case is unable to be resolved, it can be taken to trial where the jury and a judge will hear arguments and then issue an opinion. Trials can be more costly and long-lasting than settlements. It is best to settle your case as quickly as possible.

Expert Witnesses

Expert witnesses can be an invaluable resource in proving a claim for damages. They can also be crucial in proving the cause of a medical malpractice case which is a crucial element. It may be difficult for juries to determine if your child's injuries are the result of the doctor's deviation from accepted professional practices without expert testimony.

Your lawyer will need to establish a link between negligence and the injuries suffered by your child in order to establish causality. This can be accomplished through many different ways including medical documents and expert witness testimony. Your lawyer will know how to locate the best experts to aid in 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 determine the appropriate standards of medical care, which is usually established by the existing medical knowledge. This will require a thorough review of the medical records of your child, which can be a bit complicated.

Your attorney will also have to determine your child's future care needs. It is difficult to estimate the cost of therapies and equipment caregivers at home, additional procedures and surgeries, and much more. Your lawyer will collaborate with experts to accurately calculate future expenses.

Statute of limitations

Building a birth injury case requires careful investigation and the recourse to medical experts. It is essential to select an attorney with an extensive knowledge of the subject and who knows how to create an effective case.

The first step in a lawsuit is establishing that the defendant acted in breach of their duty of care. This involves looking over medical records and birth injuries taking depositions of the doctors involved. A lawyer can also employ medical experts to give an opinion on whether or not the doctors acted appropriately in the circumstances.

Medical negligence is the inability to meet a standard of care and knowledge. This is applicable to doctors and other health care professionals however, it is more demanding for specialists such as obstetricians who are highly trained and have specialized expertise. A legal case must also prove causation. This means that a medical error directly caused the child's injury.

Parents have two years to file a malpractice claim on behalf of a child who has been injured under New York law. However, minors aren't permitted to file a claim themselves under CPLR Sec. 1207.1. They must have a medical file for them by a parent or guardian. Medical malpractice cases are also subject to statutory limitations on damages, including non-economic damages. This limit is typically set by the court and is often based upon the number of similar cases in the state.

Getting Started

Getting adequate recognition and compensation for the child's injuries caused by medical malpractice or negligence during birth requires the assistance of an experienced attorney. The right legal team knows how to assess the numerous factors that impact the settlement of a birth injury, and how to argue these in court to get you the most money-based settlement.

The procedure begins with a no-cost consultation with your lawyer to establish an attorney-client relationship. The lawyer will then look into the matter by looking over medical records and contacting experts to determine the accepted standard for the applicable procedure.

Your lawyer will be negotiating and pushing the insurance companies of the defendants to negotiate on a fair amount of damages. If that doesn't work the lawyer will bring a lawsuit against the medical providers and take the case to trial before a jury and judge.

Your lawyer will prepare the documents required to calculate the amount of damages you and your child are entitled to. This includes the anticipated costs of any future medical treatment as well as loss of income and other economic damages. Your lawyer can also map out the life-long costs of care for your child's injuries. This is known as life-care planning. This is typically a major part of the settlement.