Birth Injury Settlement

A settlement for birth injuries can pay for long-term treatments that allow your child to live a more comfortable life. These treatments can include medications, home modifications and equipment such as wheelchairs.

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

Damages

A birth injury can affect every aspect of a child's existence, including their quality of life. Some patients may need medication to manage their symptoms, while others might require home modifications or medical devices like wheelchairs. Parents could also need to quit their jobs to care for their children, which could result in an income loss. A lawyer will estimate the cost of treatment for a lifetime and then seek compensation to pay for the costs.

The severity and length of the injury could determine the value of a settlement. For instance, a person with cerebral palsy is likely to suffer a higher life-time medical expenses than a person suffering from Erb's Palsy or shoulder dystocia, which are less severe injuries. Certain states limit the amount of noneconomic damages for suffering, pain and other emotional distress, which could lower a settlement value.

Both sides will collect evidence from witnesses and prepare evidence when a lawsuit is filed. Eventually the two sides will meet to discuss potential resolutions through settlement talks. If negotiations are unsuccessful then the case can go to trial, where the jury and a judge will hear arguments before deciding an opinion. However, trials are generally more costly and time-consuming settlements. It is recommended to settle your case as quickly as you can.

Expert Witnesses

Expert witnesses can be valuable evidence in support of the claim for damages. They can also be crucial in proving that the cause of a medical malpractice case, which is an essential element. Without expert testimony, it may be difficult for jurors to determine if your child's injuries resulted from the doctor's deviance from accepted professional practices.

Your attorney must establish a link between negligence and the injuries suffered by your child to establish the causation. This can be accomplished through a variety means, such as medical documents and expert witness testimony. Your lawyer will be able to help you find the best expert witness for your case.

Your legal team will be able to identify the defendants in the case of your child's birth injuries. This could include obstetricians maternal-fetal medicine specialists nurses during labor and delivery, and other healthcare professionals. They will then need to determine the appropriate standard of care, which is usually defined by existing medical knowledge. This will involve a detailed review of your child's medical records which may be complicated.

Your attorney will also need to estimate your child's needs for care. This can be a bit complicated since it involves estimating costs for equipment and therapies and caregivers at home, as well as additional surgeries and procedures and many more. Your lawyer will collaborate with expert witnesses to precisely determine the cost of future expenses.

Statute of Limitations

A birth injury case requires careful research and the involvement of medical experts. It is essential to select an attorney with a thorough understanding of the matter and who understands how to construct a strong case.

The first step is to establish that the defendant has breached his duty of care. This includes review of medical records and appointing 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 the failure to adhere to a standard of care and knowledge. This standard applies to doctors and other health care professionals however, it is more rigorous for specialists like obstetricians who have extensive training and expertise. A legal claim also must establish the causality. This means that the medical error directly caused the injury to the child.

Parents have two years to file a malpractice claim on behalf of an injured child under New York law. Minors cannot sue themselves pursuant to CPLR Sec. 1207.1. They must have an official file of a parent or guardian on their behalf. Medical malpractice claims must also be in compliance with the law regarding damages, including non-economic damages. The limit is usually determined by the court and is often determined by the number of similar cases in the state.

Getting Started

Recognizing and obtaining compensation for the child's injuries caused by medical negligence or negligence during birth requires the assistance of a seasoned lawyer. A competent legal team knows how to evaluate the many factors that affect the settlement for birth injury lawsuits injuries, and how to argue these in court to obtain the maximum financial award.

A free consultation with an attorney is the first step in establishing a relationship between you and your lawyer. Your lawyer will then investigate the case by examining medical records and calling in experts to determine the acceptable standard for the relevant procedure.

Your lawyer will also negotiate with the defendants' insurance companies and pressure them to settle for the right amount of damages. If that doesn't work, your lawyer will bring a lawsuit against the medical providers and take the case to trial before a judge and jury.

Your lawyer will draft the documents required to calculate the amount of damages you and your child are entitled to. This includes the estimated 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, a process known as life-care planning. This is typically a major portion of the settlement.