birth injury lawyers Injury Settlement

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

Medical malpractice trials are rare which is why many families opt to settle their cases. The amount of settlement will depend on several factors.

Damages

A birth injury can affect all aspects of a child's life, including their quality of life. Some patients may need medication to treat their symptoms, while others may require home modifications or medical devices, such as wheelchairs. Parents may also be required to quit their jobs in order to care for their children, which can result in the loss of 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 the costs.

The severity and length of the injury will also impact the value of the settlement. For instance, a person with cerebral palsy is more likely to suffer a higher life-time medical cost than a patient 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 pain, suffering and emotional distress, which could lower a settlement value.

Both sides will collect evidence from witnesses and prepare evidence once a lawsuit is filed. Eventually, both sides will meet to discuss possible solutions through settlement talks. If negotiations fail, the case may go to trial. A judge and jury will hear arguments and decide. However, trials tend to be more costly and time-consuming than settlements. It is best to settle your case as soon as you can.

Expert Witnesses

Expert witnesses can provide important evidence to support any claim for damages. They can also play a critical role in showing causation, which is an essential element of any medical malpractice case. It can be difficult for jurors to determine if your child's injuries result of a doctor's deviation from professional standards without expert testimony.

Your attorney will have to establish a link between negligence and the harms suffered by your child to prove the causation. This can be done through different methods, such as medical records and expert witness testimony. Your lawyer will know where to find the best expert witnesses to assist in your case.

Your legal team will identify the defendants in the case of your child's birth injuries. They could include obstetricians as well as maternal-fetal medicine experts, nurses during the delivery and other healthcare providers. They'll then have to establish the appropriate standard of care, which is typically determined by current medical knowledge. This will require a thorough review and examination of your child's medical records which could be very complex.

Your attorney will have to estimate the future needs of your child. It isn't easy to estimate the cost of therapies, equipment, caregivers at home, further surgeries and procedures, and more. Your lawyer will work closely with expert witnesses to precisely determine the cost of future expenses.

Statute of limitations

The process of preparing a birth injury lawsuit requires careful investigation and the use of medical experts. It is important to choose an attorney with a extensive knowledge of the matter and who knows how to construct a strong case.

The first step is to establish that the defendant acted in breach of his duty of care. This is done by reviewing medical records and taking depositions of the doctors involved. Attorneys can also seek medical experts to give an opinion about whether the doctors were acting appropriately in the circumstances.

Medical negligence is defined as a failure to perform the standards of care and proficiency. This standard applies to doctors and other healthcare professionals, but it is particularly strict for specialists such as obstetricians with their extensive training and specialization. A legal claim must also establish causation, which means that a medical mistake directly caused the child's injury.

Parents have two years to file a malpractice claim on behalf of their child injured under New York law. Minors are not able to sue themselves according to CPLR Sec. 1207.1. They must have a record for them by a parent or guardian. Medical malpractice claims must also conform to the statutory limits on damages, which includes non-economic damages. This limit is typically set by the court, and is often based upon the number of similar cases in the state.

Getting Started

A skilled attorney is required to secure the right amount of compensation and acknowledgement for the injuries a child suffers because of medical negligence or malpractice in the course of birth. The legal team you choose is aware of how to evaluate the many factors that affect the settlement of a birth injury, and how to present these in court to obtain the maximum financial award.

The procedure begins with a free consultation with your lawyer to establish an attorney-client relationship. Once this is established your lawyer will conduct an investigation into the case, which includes reviewing medical records and calling experts who can determine the accepted standard of care for the procedure in question.

Your lawyer will also negotiate with and birth injuries push the insurance companies of the defendants to settle on a fair amount for damages. If this fails the lawyer will file a suit against the medical practitioners to bring the case before a jury and judge.

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 deserve. This will include the projected costs of any future medical treatment or loss of income, as well as other economic damages. Your lawyer can also outline the lifetime costs of care for your child's injuries, which is called life-care planning. This can be a significant part of the settlement award.