Birth Injury Settlement

A birth injury settlement may provide long-term care that helps your child lead a more relaxed lifestyle. These treatments may include medications, home modifications and equipment like wheelchairs.

Medical malpractice trials are extremely rare and therefore many families decide to settle their cases. The amount of settlement depends on a number of factors.

Damages

Birth injuries can impact all aspects of a child's life, including their quality of life. For example, some patients require medication to treat their ailments and others require modifications to their homes or medical equipment, such as wheelchairs. Parents may also be required to quit their jobs in order to care for their children, which can result in a loss of income. A lawyer will estimate the patient's lifetime costs for treatment and then seek compensation to pay for the costs.

The amount of a settlement is contingent on the severity and duration of the injury. For instance, a patient with cerebral palsy will likely have a higher lifetime medical expenses than a person suffering from Erb's Palsy or shoulder dystocia, which are injuries that are less severe. Some states restrict the amount of non-economic damages for suffering, pain and other emotional distress. This can lower a settlement value.

If a lawsuit is filed lawyers for both sides will prepare evidence and gather information from witnesses to support their allegations of negligence. The parties will eventually meet to discuss solutions that could be reached through settlement negotiations. If negotiations are unsuccessful then the case can go to trial where the jury and judge will hear arguments and give a verdict. Trials tend to be more expensive and take longer than settlements. It is recommended to settle your case as soon as you can.

Expert Witnesses

Expert witnesses can provide valuable evidence to support any claim for damages. They can also be crucial in proving the cause of a medical malpractice case, lawyers which is an essential element. Without an expert witness, it could be difficult for jurors to determine whether the injuries suffered by your child were the result of the defendant doctor's departure from the accepted professional guidelines.

Your attorney will have to establish a link between negligence and the injuries sustained by your child in order to establish causation. This can be accomplished through many different ways including medical documents and expert witness testimony. Your lawyer will know where to find the most qualified experts to aid in your case.

Your legal team will identify all the defendants in the case of birth 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. Then, they will need to determine the quality of care which is usually defined by medical expertise. This will require a thorough review of the medical records of your child which can be a bit complicated.

Your attorney will also have to estimate your child's future care needs. This can be a bit complicated since it involves estimating costs for therapies and equipment, in-home caregivers, additional surgeries and procedures, and more. Your lawyer will work with expert witnesses who will help to accurately calculate the future costs.

Statute of limitations

A birth injury case requires careful investigation and the involvement of medical experts. It is crucial to choose an attorney with an understanding of the subject and knows how to build a solid case.

The first step is to prove that the defendant violated his duty of care. This requires reviewing medical records and deposing the doctors involved. Lawyers will also employ medical experts to provide an opinion on the doctors were acting in the right way in the circumstances.

Medical negligence is defined as the failure to adhere to the standard of care and competence. This applies to doctors and other health professionals however, it is more rigorous for specialists like obstetricians who have extensive training and specialized knowledge. A legal claim must also establish causation, which implies that a medical mistake directly caused the child's injury.

New York law gives parents two years to file a malpractice suit on behalf of their child who has been injured. However, minors are not legally able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a record for them by the parent or guardian. Medical malpractice claims are subject to statutory limitations on damages, which include non-economic damages. This limit is typically set by the court, and is usually based on the number of similar claims in the state.

Getting Started

Getting adequate recognition and compensation for the child's injuries caused by medical malpractice or negligence during birth requires the help of a seasoned attorney. The right legal team knows how to evaluate the many elements that influence the settlement for a birth injury and how to argue these in court to obtain the most money-based settlement.

A no-cost consultation with an attorney is the initial step in establishing a connection between you and your lawyer. The lawyer will then look into the matter by looking over medical records and calling in expert witnesses to define the acceptable standard for the relevant procedure.

Your lawyer will also negotiate with the insurers of the defendants and pressure them to settle for an appropriate amount of damages. If this doesn't work your lawyer will file a lawsuit against the medical practitioners to present the case to an audience and a judge.

When a ruling is reached Your lawyer will draft the legal documents that will be used to calculate the amount of damages you and your child deserve. This includes the anticipated cost of future medical treatment and loss of income and other economic damages. Your lawyer can also outline the life-long costs of care for your child's injuries, which is known as life-care planning. This usually is a large portion of the settlement.