Birth Injury Settlement

A birth injury settlement may be used to fund long-term treatments that will allow your child to lead an easier life. These treatments can include home modifications, medication and equipment like wheelchairs.

Medical malpractice trials are very rare and therefore many families decide to settle their cases. But the amount of a settlement may depend on a variety of factors.

Damages

A birth injury can affect the entirety of a child's life including their quality of life. Some patients may need medication to treat their symptoms, while others might require modifications to their homes or medical devices such as wheelchairs. Parents may also have to leave their jobs to care for their children, which can result in an income loss. A lawyer will estimate the patient's lifetime costs for treatment, and then seek compensation to pay for these costs.

The amount of a settlement is contingent on the severity and length of the injury. A patient with cerebral palsy is likely to have a higher medical cost over the course of their life than a person with Erb’s Palsy or Shoulder Dystocia. Some states limit the amount of noneconomic damages for pain, suffering and emotional distress, which could reduce the value of a settlement.

When a lawsuit is filed, lawyers from both sides will prepare evidence and gather details from witnesses to support their accusations of negligence. Both sides will eventually meet to discuss possible solutions via settlement discussions. If negotiations fail, the case may be brought to trial. A jury and judge will listen to arguments and then make a decision. Trials tend to be more expensive and lengthy than settlements. Therefore, it is best to settle as fast as you can.

Expert Witnesses

Expert witnesses can be an invaluable asset in supporting the claim for damages. They also play a crucial role in showing causation, which is an essential aspect of any medical malpractice claim. Without expert testimony, it might be difficult for a jury to determine whether your child's injuries were the result of the defendant doctor's departure from the accepted standards of professional practice.

To establish causation, your lawyer must establish a link between your negligence of your child and the injuries. This can be accomplished by different methods such as medical records and expert witness testimony. Your lawyer can assist you in finding the right expert witness to help you in your case.

Your legal team will be able to identify all defendants in the case of Birth injury Law firms injury to your child. This could include obstetricians medical specialists for maternal-fetal medicine, nurses during labor and delivery, as well as other healthcare providers. They'll need to establish the proper standards of medical care, which is usually defined by existing medical knowledge. This will require a detailed review and examination of your child's medical records which could be quite complex.

Your attorney will also have to estimate your child's care needs. It is difficult to estimate the cost of therapies, equipment caregivers at home additional procedures and surgeries, and much more. Your lawyer will collaborate with expert witnesses who will assist in calculating the future costs.

Statute of limitations

A birth injuries injury case requires careful research and the involvement of medical experts. It is crucial to select an attorney with extensive knowledge of the matter and who knows how to construct a convincing case.

The first step is to establish that the defendant acted in breach of his duty of care. This requires reviewing medical records and deposing the doctors involved. A lawyer will also hire medical experts to provide an opinion on whether the doctors acted in a proper manner in the circumstances.

Medical negligence is defined as the failure to perform the standard of care and expertise. This is applicable to doctors and other health professionals, but it is especially difficult for obstetricians, such as those who have extensive training and specialized knowledge. A legal claim must establish causation, which implies that a medical error directly caused the child's injury.

Parents have two years to make a claim for malpractice on behalf of their child injured under New York law. Minors cannot sue themselves pursuant to CPLR Sec. 1207.1. They must have the file of a parent/guardian on their behalf. Medical malpractice claims are also subject to the statutory limitations on damages, which includes non-economic damages. This limit is usually set by the court and is often determined by the number of similar cases in the state.

Getting Started

An experienced attorney is necessary to obtain the proper compensation and acknowledgement for the injuries that a child may have suffered because of medical negligence or malpractice during birth injury lawsuit. The right legal team knows how to analyze the various factors that impact the settlement of a birth injury, and how to present these in court to get you the maximum financial award.

A complimentary consultation with an attorney is the first step in establishing a relationship between you and your lawyer. Once that is done, your lawyer will investigate the case, including looking over medical records and calling in expert witnesses who can define the accepted standard of care for the specific procedure.

Your lawyer will also negotiate and push the insurance companies of the defendants to agree on a fair amount of damages. If that doesn't work, your lawyer will start a lawsuit against medical professionals and bring the case to trial before a judge and jury.

Your lawyer will prepare the documents necessary to calculate the amount of damages you and your child are entitled to. This includes the estimated costs of future medical treatments as well as the loss of income and other economic damages. Your lawyer can also estimate 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 major part of the settlement award.