logo

Birth Injury Settlement

A birth injury settlement can pay for long-term treatments that allow your child to live a better life. These treatments could include medication as well as home modifications, and devices like wheelchairs.

Many families settle their cases since medical malpractice lawsuits are rare. The amount of settlement depends on several factors.

Damages

A birth injury can affect the entirety of a child's life, including their quality of life. For example, some patients require medication to treat their symptoms and others require modifications to their homes or medical equipment such as wheelchairs. Parents may also be required to give up their jobs in order to care for their children, resulting in losing income. A lawyer will calculate the estimated lifetime treatment costs and seek enough compensation to pay for those costs.

The severity and length of the injury can impact the value of the settlement. For instance, a person with cerebral palsy is likely to have a greater lifetime medical expense than someone with 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 emotional distress, which may lower a settlement value.

Both sides will gather evidence from witnesses and create evidence once a lawsuit has been filed. Both sides will eventually meet to discuss possible solutions via settlement discussions. If negotiations fail, the case could go to trial. A judge and jury will hear arguments and render a verdict. However, trials are generally more costly and time-consuming than settlements. It is best to settle your case as quickly as you can.

Expert Witnesses

Expert witnesses can be an invaluable asset in supporting a claim for damages. They can also be vital in proving the causality of a medical malpractice claim, which is an essential aspect. Without expert testimony, it may be difficult for a jury to determine if your child's injuries were caused by the defendant doctor's departure from established professional standards.

Your lawyer will need to establish the connection between negligence and the injuries sustained by your child in order to establish the causality. This can be done through a variety of means such as medical records and expert testimony. Your lawyer will know how to locate the most qualified expert witnesses to assist in your case.

Your legal team will determine each defendant in the event of birth injury lawyers injury to your child. They could include obstetricians as well as maternal-fetal medicine experts, nurses during delivery and other healthcare professionals. They'll need to establish the appropriate standards of care, which is typically determined by current medical knowledge. This requires a thorough review of your child's medical records, which can be complex.

Your attorney will also need to determine your child's future needs for care. It can be difficult to estimate the cost of therapies, equipment caregivers at home, further surgeries and procedures, and much more. Your lawyer will work with expert witnesses who can assist in calculating the cost of these future expenses.

Statute of limitations

The process of preparing a birth injury lawsuit requires careful research and the recourse to medical experts. It is crucial to select a lawyer who has a profound understanding of the matter and knows how to construct a convincing case.

The first step in a lawsuit is to establish that the defendant has violated their duty of care. This involves review of medical records and depositions of the doctors involved. An attorney will also engage medical experts to give an opinion on whether or not the doctors acted appropriately under the circumstances.

Medical negligence is defined as a non-observance of the standard of care and skill. This applies to doctors and other health professionals however, it is more difficult for obstetricians, such as those who have extensive training and specialized expertise. A legal case must also prove causation. This means that a medical mistake directly led to 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 permitted to file a claim themselves under CPLR Sec. 1207.1. They must have an official file of a parent or guardian on their behalf. Medical malpractice claims must conform to the legal limits for damages, including noneconomic damages. This limit is usually set by the court, and is usually based on the number of similar claims in the state.

Getting Started

Receiving the proper recognition and compensation for the child's injuries due to medical malpractice or negligence during birth injury attorneys requires the help of a seasoned attorney. A competent legal team can analyze the various factors that influence a birth injury settlement and how to argue these in court so that you get the maximum financial compensation.

A no-cost consultation with an attorney is the initial stage in establishing a rapport between you and your lawyer. Once that is done your lawyer will conduct an investigation into the case, including looking over medical records and bringing experts who can determine the accepted standards of care for the particular procedure.

Your lawyer will be negotiating and pushing the insurance companies of the defendants to settle on a fair amount for damages. If this doesn't work the lawyer will file a suit against the medical practitioners to present the case to an audience and a judge.

If a decision is reached after a verdict is reached, your lawyer will draft the legal documents which will be used to calculate the damages you and your child are entitled to. This includes the projected costs of any future medical treatment, loss of income, and other economic damages. Your lawyer can also outline the cost of care over the course of time for your child's injuries. This process is called life-care planning. This is typically a major portion of the settlement.