Birth Injury Settlement

A settlement for birth injuries can provide long-term treatment options which will help your child have a more pleasant life. These treatments may include medications, home modifications and equipment such as wheelchairs.

Medical malpractice trials are rare so a lot of families choose to settle their cases. But the amount of a settlement may depend on a variety of factors.

Damages

birth injury lawsuit injuries can impact all aspects of the child's life including their quality of living. Some patients may need medication to manage their symptoms, while others might require modifications to their homes or medical devices such as wheelchairs. Parents might also have to quit their jobs to take care of their children, which can result in losing income. A lawyer will determine a patient's estimated cost of treatment over the course of their life and then seek enough compensation to cover these expenses.

The value of a settlement also depends on the severity and length of the injury. For instance, a patient with cerebral palsy will likely suffer a higher life-time medical expense than someone with Erb's Palsy or shoulder dystocia, which are less serious injuries. Certain states limit the amount of noneconomic damages for pain, suffering and birth injuries other emotional distress, which can lower a settlement value.

When an action is filed, attorneys for both sides will prepare evidence and gather details from witnesses to support their claims of negligence. At some point, both sides will meet to discuss possible resolutions through settlement negotiations. If negotiations are unsuccessful, the case can proceed to trial where the jury and a judge will hear arguments and then issue an opinion. Trials are generally more expensive and take longer than settlements. Therefore, it is best to settle as soon as you can.

Expert Witnesses

Expert witnesses can be a valuable aid in defending any claim for damages. They also play a crucial role in proving causation, which is an essential element of any medical malpractice case. Without expert testimony, it could be difficult for a jury to determine whether your child's injuries were the result of the doctor who was accused of violating accepted professional practices.

To prove causation, your attorney must establish a link between the negligence and the child's injuries. This can be done by a variety of means such as medical records and expert testimony. Your lawyer can help you find the best expert witness to aid your case.

Your legal team will be able to identify all defendants in the case of birth injuries to your child. They can include obstetricians and maternal-fetal medicine experts, nurses during delivery and other healthcare professionals. They will then need to determine the level of care that is generally determined by the medical knowledge. This will require a thorough review and analysis of your child's records, which may be complex.

Your attorney will need to determine the needs for future care of your child. This can be difficult, since it involves estimating costs for therapies and equipment and caregivers at home, as well as additional procedures and surgeries and more. Your lawyer will work closely with experts and witnesses to accurately determine the cost of future expenses.

Statute of Limitations

Building a birth injury case requires careful research and the use of medical experts. It is important to choose an attorney with extensive knowledge of the matter and knows how to build a strong case.

The first step is to establish that the defendant acted in breach of his duty of care. This is done by the review of medical records as well as taking depositions of the physicians involved. A lawyer may also engage medical experts to give an opinion as to whether the doctors acted appropriately in the circumstances.

Medical negligence is defined as the inability to meet the standards of care and skill. This standard applies to doctors and other health professionals but is particularly strict for specialists such as obstetricians who have extensive training and specialized expertise. A legal case must also prove causation. This means that a medical mistake directly caused the injury to the child.

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 are not legally able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have an account with a parent or guardian on their behalf. Medical malpractice claims must also conform to the statutory limits on damages, including noneconomic damages. This limit is typically set by the court and is usually determined by the number similar cases in the state.

Getting Started

The right amount of recognition and compensation for the child's injuries caused by medical malpractice or negligence at birth requires the assistance of a seasoned lawyer. A legal team that is competent can analyze the numerous aspects that impact a birth injury lawsuit injuries settlement and how to argue these in court to ensure you receive the maximum financial award.

A complimentary consultation with an attorney is the initial step in establishing a connection between you and your lawyer. After that your lawyer will conduct an investigation into the case, including reviewing medical records and calling in expert witnesses who can determine the standard of care that is accepted for the specific procedure.

Your lawyer will also meet with insurers of the defendants and press them to settle for reasonable damages. If this fails your lawyer will file a suit against the medical providers to bring the case before a jury and judge.

If a decision is reached the lawyer will draft the legal documents that will be used to calculate the damages you and your child owe. This includes the anticipated costs of any future medical treatment, loss of income and other economic damages. Your lawyer can also outline the costs over the life of your child's care for your child's injuries. This process is called life-care planning. This is usually a large part of the settlement award.