Birth Injury Settlement

A settlement from a birth injury may provide long-term treatment that allows your child to live an easier life. The treatments include medications, home modifications and devices like wheelchairs.

Many families settle their cases since medical malpractice cases aren't very common. The amount of settlement is contingent on a variety of factors.

Damages

Birth injuries can affect every aspect of a child's life, including the quality of living. Some patients may require medication to manage their symptoms, while others might require home modifications or medical devices such as wheelchairs. Parents might also need to give up their jobs in order to take care of their children, resulting in the loss of income. A lawyer will calculate the estimated lifetime treatment costs and seek enough compensation to cover those expenses.

The value of a settlement also is contingent on the severity and duration of the injury. For instance, a patient with cerebral palsy will likely suffer a higher life-time medical expenses than a person suffering from Erb's Palsy or shoulder dystocia which are less severe injuries. Some states limit the amount of noneconomic damages for suffering, pain and emotional distress. This can reduce the value of a settlement.

When a lawsuit is filed, lawyers for both sides will prepare evidence and gather evidence from witnesses to back their accusations of negligence. Both sides will eventually meet to discuss possible solutions through settlement discussions. If negotiations fail, the case could proceed to trial. A jury and judge will hear arguments and decide. Trials can be more costly and take longer than settlements. Therefore, it is best to settle as quickly as you can.

Expert Witnesses

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

Your lawyer will need to establish the connection between negligence and the harms suffered by your child to establish causation. This can be accomplished through many different ways including medical records and expert witness testimony. Your lawyer can help you find the best experts to testify in your case.

Your legal team will be able to identify the defendants in the event of birth injuries to your child. This could include obstetricians maternal-fetal medicine specialists, nurses during labor and delivery, as well as other healthcare providers. Then, they will need to determine the quality of care which is usually defined by medical knowledge. This will require a detailed review and examination of your child's medical records, which may be complex.

Your attorney will also need to estimate your child's requirements for care. This can be difficult, as it involves estimating costs for equipment and therapies, injuries in-home caregivers, additional surgeries and procedures and much more. Your lawyer will work closely with experts to accurately determine the cost of future expenses.

Statute of Limitations

A birth injury case requires careful research and the recourse to medical experts. It is important to choose a lawyer who has a extensive knowledge of the matter and who knows how to build a strong case.

The first step in a lawsuit is establishing that the defendant acted in breach of their duty of care. This is done by reviewing medical records and deposing the doctors involved. An attorney will also engage medical experts to give an opinion about whether the doctors acted in a proper manner under the circumstances.

Medical negligence is the failure to meet a standard of care and knowledge. This applies to doctors and other health care professionals, but it is especially strict for specialists such as obstetricians who have a vast amount of training and expertise. A legal case must also establish causation, which implies 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 has been injured under New York law. However, minors aren't legally able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a medical file for them by a parent or guardian. Medical malpractice cases are also subject to the statutory limitations on damages, which also include non-economic damages. This limit is typically set by the court, and is usually based on the number of similar cases in the state.

Getting Started

An experienced attorney is needed to obtain the proper compensation and acknowledgement for the injuries a child has suffered due to medical negligence or malpractice during birth. A competent legal team can analyze the various factors that impact a birth injuries settlement and how to argue these in court so you receive the maximum financial award.

The process begins with a complimentary consultation with your lawyer to establish an attorney-client relationship. Once that is done the lawyer will then investigate the matter, including reviewing medical records and calling expert witnesses to define the standard of care that is accepted for the procedure in question.

Your lawyer can also negotiate and push the insurance companies of the defendants to negotiate on a fair amount for damages. If this doesn't work, your attorney will file a lawsuit against the medical professionals to present the case to an audience and a judge.

If a verdict is made the lawyer will draft the legal documents that will be used to calculate the damages you and your child deserve. This includes the projected costs of future medical treatments or loss of income, as well as other economic damages. Your lawyer can also estimate the life-long costs of care for your child's injuries, which is known as life-care planning. This is usually a major part of the settlement awarded.