Birth Injury Settlement

A birth injury settlement can help pay for long-term treatments that will allow your child to live a better life. These treatments could include medication or home modifications as well as equipment such as wheelchairs.

Medical malpractice trials are very rare so a lot of families choose to settle their cases. But the amount of a settlement may depend on a variety of aspects.

Damages

Birth injuries can affect every aspect of a child's life including their quality of living. For example, some patients need medication to manage symptoms and others require modifications to their homes or medical equipment, such as wheelchairs. Parents may also have to quit their jobs to take care of their children, leading to a loss of income. A lawyer will calculate the estimated lifetime costs for treatment and seek enough compensation to pay for those costs.

The amount of a settlement is contingent on the severity and length of the injury. A patient with cerebral palsy will likely have a higher medical cost throughout their life than those suffering from Erb's Palsy or Shoulder Dystocia. Certain states restrict the amount of non-economic damages for pain, suffering and other emotional distress, which could reduce the value of a settlement.

Both sides will collect evidence from witnesses and create evidence when a lawsuit is filed. Both sides will eventually meet to discuss possible solutions via settlement discussions. If negotiations fail, the case could go to trial. A judge and jury will listen to arguments and make a decision. 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 provide important evidence in support of the claim for damages. They can also play an important role in proving causation, which can be essential to any medical malpractice case. It could be difficult for jurors to decide if your child's injuries result of a doctor's infraction to accepted professional practices without the assistance of an expert.

Your attorney will have to establish the connection between negligence and the harms suffered by your child to establish the causation. This can be done through a variety means like medical documents and expert witness testimony. Your lawyer will know where to find the most qualified expert witnesses to assist in your case.

Your legal team will be able to identify the defendants in your child's birth injury lawsuit (please click the next page). This could include obstetricians maternal-fetal medicine specialists, nurses during the labor and birth process, and other healthcare providers. They will then need to establish the right standards of care, which is typically determined by the current medical knowledge. This will require a detailed review and analysis of your child's records that may be complicated.

Your attorney will have to estimate the future needs of your child. It isn't easy to estimate the cost of therapies, equipment, caregivers at home, further surgeries and procedures, and much more. Your lawyer will collaborate with expert witnesses to precisely calculate the future costs.

Statute of limitations

The process of preparing a birth injury lawsuit involves careful research and the use of medical experts. It is important to choose an attorney who has a extensive knowledge of the matter and understands how to construct a convincing case.

The first step in a lawsuit is establishing that the defendant acted in breach of their duty of care. This requires looking over medical records and deposing the doctors involved. A lawyer may also engage medical experts to provide an opinion on whether or not the doctors were acting in the right way in the circumstances.

Medical negligence is the failure to adhere to a standard of care and knowledge. This applies to doctors and other health professionals however, it is more rigorous for specialists like obstetricians who have extensive training and specialized expertise. A legal claim must establish the causality. 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 suffered injury. Minors cannot sue themselves pursuant to CPLR Sec. 1207.1. They must have the file of a parent/guardian on their behalf. 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 usually determined by the number similar cases in the state.

Getting Started

An experienced attorney is needed to secure the right amount of compensation and recognition for the injuries a child has suffered due to medical negligence or malpractice during birth. The right legal team will know how to review the numerous factors that influence a birth injury settlement and how to argue for them in court so you receive the maximum amount of money.

The process begins with a complimentary consultation with your lawyer to establish an attorney-client relationship. Once that happens, your lawyer will investigate the matter, including reviewing medical records and calling expert witnesses to determine the accepted standards of care for the procedure in question.

Your lawyer will also work with insurance companies of the defendants and pressure them to settle for a fair amount of damages. If this doesn't work, your lawyer will file a lawsuit against the medical providers and take the case to trial before a jury and a judge.

If a verdict is made Your lawyer will draft the documents that will be used 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 calculate 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 plan. This is usually a major part of the settlement award.