Birth Injury Settlement

A settlement for a birth injury can be used to pay for long-term therapies that will allow your child to lead a more comfortable and healthy life. These treatments can include medication, home modifications, and equipment such as wheelchairs.

Many families settle their claims because medical malpractice lawsuits are not common. But the amount of a settlement can depend on several factors.

Damages

Birth Injury Lawyer injuries can affect all aspects of the child's existence, including their standard of living. For example, some patients require medication to treat their symptoms and others require modifications to their homes or medical equipment like wheelchairs. Parents may also have to quit their jobs to care for their children, which could result in losing income. A lawyer will assess the estimated lifetime treatment costs and request enough compensation to cover the costs.

The amount of a settlement is contingent on the severity and length of the injury. A patient with cerebral palsy will likely have more medical expenses throughout their life than someone suffering from Erb’s Palsy or Shoulder Dystocia. Additionally, some states have an upper limit on the amount of non-economic damages that can be awarded for pain and suffering that could reduce a settlement's value.

Both sides will gather evidence from witnesses and create evidence once a lawsuit is filed. The parties will eventually meet to discuss solutions that could be reached through settlement discussions. If negotiations fail, the matter could be brought to trial. A judge and jury will hear arguments and render a verdict. Trials can be more costly and take longer than settlements. It is recommended to settle your case as quickly as possible.

Expert Witnesses

Expert witnesses can be an invaluable resource in proving any claim for damages. They can be a vital part in proving causation, which can be a necessary element of any medical malpractice claim. It could be difficult for juries to determine if your child's injuries are the result of the defendant doctor's infraction to accepted professional practices without expert testimony.

Your lawyer will need to establish a link between negligence and the injuries sustained by your child in order to prove the causation. This can be accomplished through several methods including medical records, as well as expert testimony. Your lawyer can help you find the most qualified experts to testify in your case.

Your legal team will determine all defendants in the case of birth injury to your child. They can include obstetricians and maternal-fetal medicine experts, nurses during delivery and other healthcare professionals. They will then need to determine the quality of care that 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 estimate the future needs of your child. It can be difficult to estimate the cost of therapies and equipment, caregivers at home, more surgeries and procedures, and more. Your lawyer will work closely with expert witnesses to accurately estimate future expenses.

Statute of limitations

A birth injury lawsuits injury case requires careful research and the involvement of medical experts. It is essential to choose an attorney who has a deep knowledge of the subject matter and who understands how to build a solid case.

The first step in a lawsuit is to establish that the defendant violated their duty of care. This requires review of medical records and depositions of the physicians involved. Attorneys can also seek medical experts to provide an opinion on whether or not the doctors acted appropriately under the circumstances.

Medical negligence is the inability to meet a standard of care and expertise. This standard applies to doctors and other healthcare professionals, but it's especially specific for specialists like obsetricians, who have a vast education and specialization. A legal claim must establish causation, which means that a medical mistake directly caused the injury to the child.

New York law gives parents two years to file a malpractice suit on behalf of their child who has been injured. However, minors are not allowed to file a lawsuit themselves under CPLR Sec. 1207.1. They must have the file of a parent/guardian on their behalf. Medical malpractice claims must conform to the legal limits for damages, which includes noneconomic damages. This limit is usually set by the court, and is often based upon the number of similar cases in the state.

Getting Started

Receiving the proper recognition and compensation for injuries sustained by a child caused by medical malpractice or negligence at birth requires the assistance of a seasoned lawyer. A competent legal team knows how to evaluate the many factors that affect the settlement of a birth injury attorneys injury, and how to argue for these in court to secure the most financial compensation.

The process begins with a complimentary consultation with your lawyer to establish an attorney-client relationship. Your lawyer will then investigate the case by reviewing medical records and calling in experts to establish the accepted standard for the applicable procedure.

Your lawyer will also negotiate and push the insurance companies of the defendants on a fair amount for damages. If this fails your lawyer will file a lawsuit against the medical providers to present the case in front of an audience and a judge.

When a verdict is reached, your lawyer will draft the documents which will be used to calculate the damages you and your child owe. This will include the projected expenses of future medical treatments as well as loss of income and other economic damages. Your lawyer can also outline the life-long costs of care for your child's injuries, which is known as life-care planning. This is usually a large part of the settlement awarded.