Birth Injury Settlement

A settlement for a birth injury could provide long-term treatment that allows your child to live an easier life. These treatments can include home modifications, medication and even equipment like wheelchairs.

Medical malpractice trials are extremely rare and therefore many families decide to settle their cases. The amount of settlement will depend on several factors.

Damages

A birth injury can impact all aspects of a child's life, including their quality of living. For instance, some patients need medication to manage symptoms and others require modifications to their homes or medical equipment like wheelchairs. Parents might also need to quit their jobs to care for their children, which can result in an income loss. A lawyer will estimate the patient's lifetime costs for treatment, and then seek compensation to cover these costs.

The severity and duration of the injury can influence the value of the settlement. A patient with cerebral palsy will likely have an increased medical bill over the course of their life than a person with Erb's Palsy or Shoulder Dystocia. Certain states restrict the amount of non-economic damages for pain, suffering and other emotional distress. This can reduce the value of a settlement.

Both sides will collect evidence from witnesses and prepare evidence when a lawsuit is filed. In the end, both sides will meet to discuss potential resolutions through settlement negotiations. If negotiations fail, the matter could go to trial. A judge and jury will listen to arguments and make a decision. However, trials tend to be more expensive and time-consuming than settlements. Therefore, it is best to settle as fast as you can.

Expert Witnesses

Expert witnesses can be an invaluable resource in proving an action for damages. They can also be crucial in proving the causality of a medical malpractice case and is a vital element. It may be difficult for jurors to determine if your child's injuries are the result of a doctor's deviation from professional standards without the assistance of an expert.

To prove causation, your attorney will need to establish a link between the negligence and the child's injuries. This can be done by various methods, such as medical documents and expert witness testimony. Your lawyer will be able help you find the best expert witness to aid your case.

Your legal team will determine the defendants involved in your child's birth injury case. These can include obstetricians, maternal-fetal medicine specialists, nurses during the labor and birth process, and other healthcare professionals. They will then have to determine the standard of care that is usually determined by medical knowledge. This will involve a detailed review of your child's medical records that can be quite complex.

Your attorney will also need to estimate your child's future requirements for care. 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 who will aid in accurately calculating these costs in the future.

Statute of limitations

A birth injury case requires careful research and the involvement of medical experts. It is essential to choose a lawyer who has a deep knowledge of the subject matter and understands how to construct a convincing case.

The first step in a lawsuit is to establish that the defendant violated their duty of care. This is done by reviewing medical records and taking depositions of the physicians involved. An attorney will also engage medical experts to give an opinion on whether or not the doctors acted in a proper manner under the circumstances.

Medical negligence is defined as a failure to perform the standard of care and proficiency. This is applicable to doctors and other health professionals but is particularly difficult for obstetricians, such as those who are highly trained and have specialized expertise. A legal claim must establish causation, which means that a medical error 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 suffered injury. However, minors aren't permitted to file a claim themselves under CPLR Sec. 1207.1. They must have a parent or guardian file on their behalf. 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 usually dependent on the number of similar cases in the state.

Getting Started

Receiving the proper recognition and compensation for a child's injuries due to medical malpractice or negligence during birth injury attorney requires the assistance of a seasoned lawyer. A competent legal team knows how to analyze the various aspects that impact the settlement for birth injuries, and how to argue for these in court to secure the most financial compensation.

A free consultation with an attorney is the initial step in establishing a relationship 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 expert witnesses to determine the standard of care that is accepted for the relevant procedure.

Your lawyer can also negotiate and push insurance companies of the defendants to settle on a fair amount for damages. If that doesn't work the lawyer will bring a lawsuit against the medical professionals and bring the case to trial before a judge and jury.

If a decision is reached, your lawyer will draft the documents that will be used to calculate the damages you and your child should be entitled to. This includes the projected cost of future medical treatment, Birth Injury 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 component of the settlement you receive.