Birth Injury Settlement

A birth injury settlement may provide long-term care that helps your child lead an easier lifestyle. These treatments could include medication, home modifications and equipment such as wheelchairs.

Medical malpractice cases are not common and therefore many families decide to settle their cases. The amount of settlement is contingent on a variety of factors.

Damages

Birth injuries can impact every aspect of a child's life, including their quality of life. Some patients may require medication to treat their ailments, while others may require home modifications or Birth Injury Lawsuit medical devices such as wheelchairs. Parents might also need to give up their jobs in order to take care of their children, resulting in a loss of income. A lawyer will estimate the cost of treatment for a patient's entire life and then seek compensation to pay for these costs.

The value of a settlement also is contingent on the severity and duration of the injury. A person with cerebral palsy is likely to incur 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 can lower a settlement value.

When the lawsuit is filed, lawyers for both sides will prepare evidence and gather evidence from witnesses to back their allegations of negligence. Then the two sides will meet to discuss possible resolutions via settlement talks. If negotiations fail, the case may be brought to trial. A judge and jury will hear arguments and make a decision. Trials are generally more expensive and time-consuming than settlements. Therefore, it is recommended to settle as soon as you can.

Expert Witnesses

Expert witnesses can be an invaluable asset in supporting any claim for damages. They also play an important role in the process of proving causation, which is essential to any medical malpractice case. It can be difficult for birth injury lawsuit jurors to determine if your child's injuries are the result of a doctor's deviation from professional standards without the assistance of an expert.

Your attorney will have to establish the connection between negligence and the injuries suffered by your child in order to establish the causation. This can be accomplished through many different ways like medical records and expert witness testimony. Your lawyer can help you find the most qualified experts to help in your case.

Your legal team will identify the defendants involved in your child's birth injury lawsuit. They may include obstetricians, maternal-fetal medicine experts, nurses during delivery and other healthcare professionals. They'll then have to establish the appropriate standards of care, which is usually determined by current medical knowledge. This requires a thorough review of the medical records of your child which can be a bit complicated.

Your attorney will also have to calculate your child's future care needs. This can be complicated, as it involves estimating costs for equipment and therapies, in-home caregivers, additional surgeries and procedures, and more. Your lawyer will collaborate with expert witnesses to accurately calculate future expenses.

Statute of Limitations

The process of preparing a birth injury lawsuit requires careful investigation and the recourse to medical experts. It is essential to select an attorney who has an extensive knowledge of the subject and is skilled at constructing a solid case.

The first step in a lawsuit is establishing that the defendant acted in breach of their duty of care. This includes reviewing medical records and deposing the doctors involved. Lawyers will also employ medical experts to give an opinion on the doctors were acting in the right way in the circumstances.

Medical negligence is the failure to meet a standard of care and knowledge. This standard applies to doctors and other healthcare professionals, but it's especially specific for specialists like Obstetricians who have extensive training and specialized expertise. A legal claim must also 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 suit on behalf of their child who has suffered injury. Minors cannot sue themselves according to CPLR Sec. 1207.1. They must have the file of a parent/guardian on their behalf. Medical malpractice claims are subject to statutory limitations on damages, which also include non-economic damages. This limit is usually set by the court and is usually dependent on the number of similar cases in the state.

Getting Started

An experienced lawyer is essential to obtain the proper compensation and recognition for the injuries a child has suffered because of medical negligence or malpractice in the course of birth. The legal team you choose is aware of how to analyze the various factors that affect the settlement of a birth injury, and how to present these in court to secure the maximum financial award.

A complimentary consultation with an attorney is the first stage in establishing a rapport between you and your lawyer. Your lawyer will investigate the case by examining medical records and contacting expert witnesses to define the acceptable standard for the relevant procedure.

Your lawyer will also work with insurers of the defendants and force them to agree for a fair amount of damages. If this fails then your lawyer will file a lawsuit against the medical providers and take the case to trial before a jury and judge.

Your lawyer will create the necessary documents to calculate the damages that you and your child are entitled to. This includes the anticipated costs of future medical treatments as well as the 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 referred to as a life-care program. This is usually a significant portion of the settlement.