Birth Injury Settlement

A settlement from a birth injury could be used to pay for long-term therapies that will allow your child to live a better life. These treatments could include medication along with home modifications and equipment such as wheelchairs.

Many families settle their claims because medical malpractice lawsuits are not common. However, the amount of a settlement will depend on many aspects.

Damages

Birth injuries can impact all aspects of a child's development, including their quality of life. Certain patients may require medication to manage their symptoms, while others could require modifications to their homes or medical devices, such as wheelchairs. Parents may also be forced to quit their jobs to take care of their children, resulting in losing income. A lawyer will assess a patient's estimated lifetime treatment costs and seek enough compensation to cover these expenses.

The severity and length of the injury could influence the value of the settlement. A person suffering from cerebral palsy is likely to have an increased medical bill throughout their life than someone suffering from Erb’s Palsy or Shoulder Dystocia. Furthermore, some states put a limit on the amount of non-economic damages for suffering and pain which can lower the value of a settlement.

If a lawsuit is filed lawyers on both sides prepare evidence and gather information from witnesses to support their assertions of negligence. Both sides will eventually meet to discuss possible solutions through settlement negotiations. If negotiations fail, the case can proceed to trial, where the jury and a judge will hear arguments and then issue the verdict. However, trials tend to be more expensive and lengthy than settlements. It is best to settle your case as soon as possible.

Expert Witnesses

Expert witnesses can be an invaluable asset in supporting any claim for damages. They can also play a crucial role in proving causation, which is essential to any medical malpractice claim. It could be difficult for juries to determine if your child's injuries result of the doctor's deviation from the accepted standards of professional practice without expert testimony.

To prove causation, your attorney must establish a link between the negligence and the injury suffered by your child. This can be accomplished through a variety of means including medical records, as well as expert testimony. Your lawyer will know how to find the best expert witnesses to assist in your case.

Your legal team will help you identify the defendants in the case of your child's birth injury attorney injuries. They can include obstetricians and maternal-fetal medicine experts, nurses during the delivery and other healthcare providers. They will then have to determine the level of care that is usually defined by medical knowledge. This will require a detailed review and analysis of your child's medical records that may be complicated.

Your attorney will also need to estimate your child's care needs. This can be difficult, because it involves estimating the cost for therapies and equipment as well as in-home caregivers, further 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 constructing a birth injury claim involves careful research and the recourse to medical experts. It is essential to choose an attorney with extensive knowledge of the matter and who understands how to build a strong case.

The first step is to establish that the defendant violated his duty of care. This is done by the review of medical records as well as taking depositions of the physicians involved. An attorney will also engage medical experts to provide an opinion about whether the doctors acted appropriately under the circumstances.

Medical negligence is the inability to adhere to a set of standards of care and knowledge. This applies to doctors and other health professionals but is particularly difficult for obstetricians, such as those who are highly trained and have specialized knowledge. A legal claim must establish causation, which is that a medical mistake directly caused the child's injury.

Parents have two years to make a claim for malpractice on behalf of a child who is injured under New York law. Minors are not able to sue themselves, according to CPLR Sec. 1207.1. They must have an account with a parent or guardian on their behalf. Medical malpractice cases are also subject to the statutory limitations on damages, which includes non-economic damages. The limit is usually determined by the court and is often dependent on the number of similar cases in the state.

Getting Started

An experienced attorney is needed to get adequate compensation and recognition for the injuries a child suffers due to medical negligence or malpractice during birth. A legal team that is competent will know how to review the various factors that impact a birth injury settlement and how to present them in court to ensure that you receive the most financial award.

The procedure begins with a no-cost consultation with your lawyer to establish an attorney-client relationship. Your lawyer will then investigate the case by reviewing medical records and contacting experts to determine the accepted standard for the pertinent procedure.

Your lawyer will also work with insurance companies of the defendants and push them to settle for reasonable damages. If this fails your lawyer will bring a lawsuit against the medical professionals and bring the case to trial before a jury and judge.

If a verdict is made, your lawyer will draft the legal documents that will be used to calculate the damages you and your child are entitled to. This will include the projected costs of any future medical treatment and 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 program. This is often a significant component of the settlement you receive.