Birth Injury Settlement

A settlement for a birth injury can provide long-term treatment options that help your child lead a more comfortable and healthy life. These treatments may include medications, home modifications and equipment such as wheelchairs.

Many families settle their cases because medical malpractice lawsuits are not common. However, the amount of settlement may depend on a variety of factors.

Damages

Birth injuries can impact the entirety of a child's development, including their quality of life. For instance, some patients require medication to treat their symptoms and others require modifications to their homes or medical equipment such as wheelchairs. Parents might also need to quit their jobs to care for their children, resulting in an income loss. A lawyer will estimate the estimated lifetime treatment costs and seek enough compensation to cover these expenses.

The severity and duration of the injury may determine the value of a settlement. A person suffering from cerebral palsy is likely to have more medical expenses 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 emotional distress. This can lower a settlement value.

Both sides will collect evidence from witnesses and create evidence once a lawsuit is filed. At some point the parties will meet to discuss potential resolutions through settlement talks. If negotiations are unsuccessful, the case can proceed to trial, where the jury and a judge will hear arguments and give an opinion. Trials are generally more expensive and long-lasting than settlements. It is recommended to settle your case as soon as possible.

Expert Witnesses

Expert witnesses can provide important evidence in support of an action for damages. They also play an important role in proving causation, which can be an essential aspect of any medical malpractice case. Without expert testimony, it might be difficult for a jury to determine whether the injuries suffered by your child resulted from the defendant doctor's deviation from accepted professional practices.

To establish causation, your lawyer will need to establish a connection between the negligence of your child and the injuries. This can be done using a variety of means including medical records, as well as expert testimony. Your lawyer can help you find the best expert witness for your case.

Your legal team will help you identify the defendants in your child's birth injury lawsuit. They can include obstetricians and maternal-fetal medicine experts, nurses during the delivery and other healthcare professionals. Then, they will need to determine the standard of care that is usually defined by medical expertise. This will require a thorough review and analysis of your child's records which could be quite complex.

Your attorney will also have to estimate your child's needs for care. This can be complicated, as it involves estimating costs for therapies and equipment, in-home caregivers, additional procedures and surgeries and many more. Your lawyer will work with experts who can help you calculate these future expenses.

Statute of limitations

The process of preparing a birth injury lawsuits injury lawsuit requires careful investigation and the use of medical experts. It is important to select an attorney with an extensive knowledge of the subject and is skilled at constructing an effective case.

The first step in a lawsuit is to establish that the defendant has violated their duty of care. This includes looking over medical records and deposing the doctors involved. Attorneys will also consult medical experts to give an opinion on whether or not the doctors acted appropriately in the circumstances.

Medical negligence is defined as a inability to meet the standard of care and proficiency. This applies to doctors and other health professionals however it is more strict for specialists such as obstetricians who have extensive training and specialized expertise. A legal action must also establish causation. This means that the medical error directly caused the injury to the child.

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

Getting Started

Recognizing and obtaining compensation for injuries suffered by a child due to medical malpractice or negligence at birth requires the assistance of a seasoned attorney. The legal team you choose will be able to analyze the numerous factors that impact a birth injury settlement and how to argue them in court so that you receive the most amount of money.

A no-cost consultation with an attorney is the initial step in establishing a connection between you and your lawyer. Once that is done, your lawyer will investigate the case, including reviewing medical records and calling experts to define the accepted standard of care for birth injury lawsuit the relevant procedure.

Your lawyer can also negotiate and push insurance companies of the defendants on a fair amount of damages. If this fails the lawyer will file a suit against the medical practitioners to take the case before a judge and jury.

If a decision is reached, your lawyer will draft the legal documents that will be used to calculate the damages you and your child should be entitled to. This includes the anticipated cost of future medical treatment as well as the loss of income and other economic damages. The 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 part of the settlement awarded.