Birth Injury Settlement

A settlement from a birth injury could help pay for long-term treatments that will allow your child to live a better life. The treatments can include home modifications, medication and even equipment like wheelchairs.

Many families settle their claims because medical malpractice lawsuits are rare. The amount of a settlement depends on a number of factors.

Damages

Birth injuries can impact all aspects of a child's life including their quality of living. For instance, some people require medication to treat their symptoms and others require home modifications or medical equipment such as wheelchairs. Parents could also need to quit their jobs to care for their children, leading to the loss of income. A lawyer will assess a patient's estimated lifetime costs for treatment and seek enough compensation to cover these expenses.

The severity and duration of the injury may determine the value of a settlement. A person with cerebral palsy is likely to have a higher medical cost throughout their life than someone suffering from Erb's Palsy or Shoulder Dystocia. Some states restrict the amount of non-economic damages for pain, suffering and emotional distress, which may lower a settlement value.

Both sides will gather evidence from witnesses and create evidence once a lawsuit is filed. The parties will eventually meet to discuss solutions that could be reached through settlement negotiations. If negotiations fail, the case can proceed to trial where jurors and judges will hear arguments before deciding the verdict. However, trials are generally more costly and time-consuming settlements. It is recommended to settle your case as soon as you can.

Expert Witnesses

Expert witnesses can be an invaluable resource in proving the claim for damages. They also play a critical role in showing causation, which is a necessary element of any medical malpractice claim. Without an expert witness, it could be difficult for a jury to determine whether the injuries suffered by your child were the result of the doctor's deviance from the accepted standards of professional practice.

Your lawyer must establish a link between negligence and the harms suffered by your child to prove causality. This can be accomplished through a variety of means such as medical records and expert testimony. Your lawyer will know how to find the most qualified expert witnesses to assist in your case.

Your legal team will identify the defendants involved in your child's birth injury lawsuit. They may include obstetricians medical specialists for maternal-fetal medicine, nurses during the labor and birth process, and other healthcare professionals. They'll need to establish the proper standards of medical care, which is usually established by the existing medical knowledge. This will require a thorough review of your child's medical records, which may be complicated.

Your attorney must estimate the future needs of your child. It isn't easy to estimate the cost of therapies, equipment caregivers at home, additional surgeries and procedures and more. Your lawyer will work with expert witnesses to aid in accurately calculating the future costs.

Statute of limitations

The process of preparing a birth injury lawyer injury lawsuit involves careful research and the recourse to medical experts. It is crucial to choose an attorney with an in-depth understanding of the subject matter and who is skilled at constructing an effective case.

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

Medical negligence is the failure to meet a standard of care and knowledge. This is applicable to doctors and other health care 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 means that a medical mistake directly caused the child's injury.

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

Getting Started

The right amount of recognition and compensation for the child's injuries due to medical malpractice or negligence at birth requires the help of a seasoned lawyer. A legal team that is competent will know how to review the many different factors that affect a birth injury lawsuits injury settlement and how to argue them in court to ensure that you get the maximum financial compensation.

A no-cost consultation with an attorney is the initial step in establishing a relationship between you and your lawyer. The lawyer will then look into the case by examining medical records and calling in experts to determine the accepted standard for the relevant procedure.

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

If a verdict is made the lawyer will draft the legal documents that will be used to calculate the amount of damages you and your child are entitled to. This includes the anticipated expenses of future medical treatments or loss of income, as well as other economic damages. Your lawyer can also estimate the costs over the life of your child's care for your child's injuries, which is called life-care planning. This is typically a major portion of the settlement.