Birth Injury Settlement

A settlement for birth injuries can provide long-term treatment options that allow your child to live a better life. These treatments may include medications as well as home modifications, and equipment such as wheelchairs.

Medical malpractice trials are extremely rare, so many families choose to settle their cases. The amount of settlement is contingent on a variety of factors.

Damages

Birth injuries can impact the entire child's life, including their quality of living. Some patients may require medication to manage their symptoms, while others might require modifications to their homes or medical devices, such as wheelchairs. Parents may also need to quit their jobs in order to take care of their children, resulting in the loss of income. A lawyer will assess the estimated lifetime costs for treatment and seek enough compensation to cover the costs.

The severity and duration of the injury could impact the value of the settlement. A person with cerebral palsy will likely have more medical expenses throughout their life than those suffering from Erb's Palsy or Shoulder Dystocia. Some states restrict the amount of non-economic damages for pain, suffering and emotional distress. This can reduce the value of a settlement.

Both sides will collect evidence from witnesses and prepare evidence once a lawsuit has been filed. At some point the two sides will meet to discuss possible resolutions through settlement negotiations. If negotiations are unsuccessful the case will go to trial where jurors and judges will hear arguments and issue the verdict. Trials tend to be more expensive and long-lasting than settlements. It is recommended to settle your case as quickly as possible.

Expert Witnesses

Expert witnesses can provide valuable evidence in support of a claim for damages. They can also be vital in proving the causation of a medical malpractice claim which is an essential aspect. It could be difficult for juries to determine whether your child's injuries result of the defendant's deviation from accepted professional practices without the assistance of an expert.

Your lawyer will need to establish the connection between negligence and the injuries sustained by your child to establish causality. This can be done by several methods such as medical records and expert testimony. Your lawyer will know where to find the best experts to aid in your case.

Your legal team will be able to identify all defendants in the case of birth injury to your child. They could include obstetricians, maternal-fetal medicine experts, nurses during birth and other healthcare providers. Then, they will need to determine the standard of care that is usually determined by the medical knowledge. This will require a detailed review and analysis of your child's records which could be quite complex.

Your attorney will also have to estimate your child's future requirements for care. This can be quite complicated 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 collaborate with experts to accurately estimate future expenses.

Statute of limitations

A birth injury case requires careful research and the use of medical experts. It is important to choose an attorney with profound understanding of the matter and understands how to build a solid case.

The first step is to establish that the defendant has breached his duty of care. This requires review of medical records and appointing the doctors involved. An attorney will also engage medical experts to provide an opinion on whether the doctors acted appropriately under the circumstances.

Medical negligence is defined as the inability to meet an expected level of care and expertise. This applies to doctors and other healthcare professionals, but it's particularly strict for specialists like doctors of obstetrics with their extensive education and specialized knowledge. A legal claim must establish causation, which means that a medical error directly led to the child's injury.

Parents have two years to make a claim for malpractice on behalf of a child who is injured under New York law. However, minors aren't legally able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a medical file for them by an adult or guardian. Medical malpractice claims must also conform to the legal limits for damages, including non-economic damages. The limit is usually determined by the court and is typically determined by the number similar cases in the state.

Getting Started

An experienced attorney is necessary to obtain the proper compensation and recognition for the injuries a child has suffered due to medical negligence or malpractice during birth. The legal team you choose will be able to analyze the various factors that affect a birth injury attorney injury settlement and how to present them in court so that you get the maximum amount of financial compensation.

The process begins with a complimentary consultation with your lawyer to establish an attorney-client relationship. Your lawyer will then conduct an investigation into the case by examining medical records and calling in experts to establish the acceptable standard for the relevant procedure.

Your lawyer will also negotiate with the insurance companies of the defendants, and force them to agree for the right amount of damages. If this fails the lawyer will file a suit against the medical practitioners to present the case to the judge and jury.

If a verdict is made after a verdict is reached, your lawyer will draft the documents which will be used to calculate the amount of damages you and your child deserve. This includes the projected costs of any future medical treatment, loss of income, and other economic damages. Your lawyer can also estimate the lifetime costs of care for your child's injuries, a process called life-care planning. This is usually a large portion of the settlement.