Birth Injury Settlement

A settlement from a birth injury could help pay for long-term treatments that allow your child to lead a more comfortable and healthy life. These treatments can include medication, home modifications and even equipment like wheelchairs.

Many families settle their cases because medical malpractice lawsuits are not common. But 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. For instance, some children need medication to manage symptoms and others require home modifications or medical equipment like wheelchairs. In addition, parents may need to quit their jobs to take care of their children, resulting in a loss of income. A lawyer will estimate the cost of treatment for a lifetime, and then seek compensation to pay for the cost.

The amount of a settlement depends on the severity and length of the injury. A patient with cerebral palsy is likely to incur more medical expenses over the course of their life than someone suffering from Erb's Palsy or Shoulder Dystocia. Additionally, certain states impose a limit on the amount of non-economic damages to pain and suffering and this could decrease the value of a settlement.

If a lawsuit is filed, lawyers on both sides prepare evidence and gather details from witnesses to support their accusations of negligence. The parties will eventually meet to discuss possible solutions through settlement talks. If negotiations do not succeed, the case can go to trial. A jury and judge will listen to arguments and then make a decision. Trials tend to be more expensive and time-consuming than settlements. It is best to settle your case as soon as possible.

Expert Witnesses

Expert witnesses can provide crucial evidence in support of a claim for damages. They can also be vital in proving the causality of a medical malpractice case which is a crucial element. It could be difficult for jurors to determine if your child's injuries are the result of a doctor's deviation from the accepted standards of professional practice without the assistance of an expert.

Your lawyer will need to establish the connection between negligence and the injuries suffered by your child in order to establish causation. This can be accomplished through different methods, such as medical records and expert witness testimony. Your lawyer will be able to assist you in finding the right expert witness for your case.

Your legal team will identify the defendants involved in your child's birth injury lawsuit. They could include obstetricians as well as maternal-fetal medicine experts, nurses during delivery and other healthcare providers. Then, they'll need to determine the standard of care which is usually defined by medical expertise. This will require a thorough review of the medical records of your child that can be quite complex.

Your attorney will have to determine the needs for future care of your child. It isn't easy to estimate the cost of therapies and equipment caregivers at home, additional procedures and surgeries, and more. Your lawyer will collaborate with experts to accurately determine the cost of future expenses.

Statute of limitations

The process of preparing a birth injury attorneys injury lawsuit requires careful research and recourse to medical experts. It is essential to choose a lawyer who has a profound understanding of the matter and knows how to construct a convincing case.

The first step in a lawsuit is to prove that the defendant breached their duty of care. This requires review of medical records and appointing the doctors involved. A lawyer may also engage medical experts to provide an opinion on whether the doctors acted in a proper manner in the circumstances.

Medical negligence is the failure to adhere to a set of standards of care and competence. This is applicable to doctors and other healthcare professionals, but it's particularly specific for specialists like doctors of obstetrics with their extensive education and specialization. A legal claim must also prove causation. This means that a medical error directly caused the injury to the child.

New York law gives parents two years to file a malpractice lawsuit on behalf of a child who has been injured. However, minors aren't able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have an account with a parent or guardian on their behalf. Medical malpractice claims must also conform to the statutory limits on damages, which includes noneconomic damages. This limit is usually set by the court and is often determined by the number of similar cases in the state.

Getting Started

Recognizing and obtaining compensation for injuries sustained by a child caused by medical negligence or negligence at birth requires the help of a seasoned lawyer. The right legal team knows how to assess the numerous aspects that impact the settlement of a birth injury, and how to argue these in court to secure the most money-based settlement.

The procedure begins with a free consultation with your lawyer to establish an attorney-client relationship. Once that is done your lawyer will begin investigating the matter, including reviewing medical records and bringing expert witnesses to define the accepted standards of care for the specific procedure.

Your lawyer can be negotiating and pushing the insurance companies of the defendants to agree on a fair amount of damages. If that fails then your lawyer will file a lawsuit against the medical professionals and bring the case to trial before a jury and a judge.

Your lawyer will draft the documents needed to calculate the damages you and your child are entitled to. This includes the estimated costs of any future medical treatment and loss of income and other economic damages. Your lawyer can also calculate the lifetime cost of care of your child's injuries. This is referred to as a life-care plan. This is usually a major component of the settlement you receive.