Birth Injury Settlement

A birth injury settlement can pay for long-term treatments that help your child live a better life. These treatments could include medication, home modifications and other equipment, such as wheelchairs.

Medical malpractice trials are extremely rare, so many families choose to settle their cases. However, the amount of a settlement will depend on many factors.

Damages

A birth injury can affect every aspect of a child's life, including the quality of living. Certain patients may require medication to treat their symptoms, while others may require home modifications or medical devices, 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 assess a patient's estimated lifetime treatment costs and seek enough compensation to cover these expenses.

The value of a settlement depends on the severity and duration of the injury. For instance, a person with cerebral palsy is likely to have a much higher lifetime medical bill than someone suffering from Erb's Palsy or shoulder dystocia, which are injuries that are less severe. Certain states limit the amount of noneconomic damages for suffering, pain and emotional distress, which can lower a settlement value.

Both sides will gather evidence from witnesses and create evidence once a lawsuit has been filed. Then, both sides will meet to discuss potential resolutions through settlement negotiations. If negotiations fail, the case may go to trial. A jury and judge will listen to arguments and make a decision. However, trials are typically more expensive and time-consuming than settlements. Therefore, it is advisable to settle as fast as you can.

Expert Witnesses

Expert witnesses can provide important evidence in support of a claim for damages. They can also be essential in proving the cause of the medical malpractice claim and is a vital element. It can be difficult for juries to determine if your child's injuries result of the defendant's infraction to accepted professional practices without expert testimony.

To prove causation, your attorney will need to establish a link between the negligence of your child and the injuries. This can be done using a variety of means, including medical records and expert testimony. Your lawyer can help you find the best experts to testify in your case.

Your legal team will help you identify the defendants in your child's birth injury attorneys injury lawsuit. They could include obstetricians as well as maternal-fetal medicine experts, nurses during delivery and other healthcare professionals. They must then establish the appropriate standards of care, which is usually determined by current medical knowledge. This will require a thorough review and analysis of your child's records that may be complicated.

Your attorney must calculate the future care needs of your child. It isn't easy to estimate the cost of therapies, equipment, caregivers at home, additional procedures and surgeries, and much more. Your lawyer will collaborate with experts who can help you calculate the future costs.

Statute of limitations

Building a birth injury case requires careful research and the recourse to medical experts. It is essential to select an attorney who has an in-depth understanding of the subject and who is able to construct an effective case.

The first step is to prove that the defendant acted in breach of his duty of care. This is done by review of medical records and appointing the doctors involved. Attorneys can also seek medical experts to give an opinion on whether or not 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 health care professionals, but it is especially strict for specialists such as obstetricians who have 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. Minors cannot sue themselves pursuant to CPLR Sec. 1207.1. They must have a record for them by the parent or guardian. Medical malpractice claims must also conform to the legal limits for 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

Receiving the proper recognition and compensation for injuries sustained by a child caused by medical negligence or negligence during birth requires the help of an experienced attorney. A legal team that is knowledgeable knows how to analyze the various aspects that impact a birth injury settlement, and how to argue for these in court to ensure you receive the most financial compensation.

The process begins with a free 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 acceptable standard for the relevant procedure.

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

If a decision is reached after a verdict is reached, your lawyer will draft the documents which will be used to calculate the amount of damages you and your child deserve. This includes the anticipated cost of future medical treatments and loss of income and other economic damages. Your lawyer can also estimate the life-long costs of care of your child's injuries. This is known as life-care plan. This is usually a large portion of the settlement that is awarded.