Birth Injury Settlement

A birth injury settlement can pay for long-term treatments which will help your child lead a more comfortable and healthy life. The treatments include medications, home modifications and equipment such as wheelchairs.

Many families settle their cases because medical malpractice lawsuits are not common. The amount of a settlement depends on a number of factors.

Damages

birth injury law firms injuries can impact every aspect of a child's life including their quality of life. For instance, some patients require medication to treat their symptoms and others require modifications to their homes or medical equipment like wheelchairs. In addition, parents may have to leave their jobs to take care of their children, which could result in the loss of income. A lawyer will calculate a patient's estimated cost of treatment over the course of their life and then seek enough compensation to cover those expenses.

The amount of a settlement is contingent on the severity and duration of the injury. For instance, a person with cerebral palsy will likely have a higher lifetime medical expenses than a person suffering from Erb's Palsy or shoulder dystocia which are less severe injuries. Certain states restrict the amount of non-economic damages for pain, suffering and emotional distress, which could reduce the value of a settlement.

Both sides will gather evidence from witnesses and prepare evidence after a lawsuit is filed. In the end the parties will meet to discuss possible solutions through settlement negotiations. If negotiations fail the case will go to trial, where jurors and judges will hear arguments before deciding an opinion. However, trials are generally more expensive and time-consuming than settlements. Therefore, it is best to settle as quickly as you can.

Expert Witnesses

Expert witnesses can be an invaluable resource in proving a claim for damages. They can also be crucial in proving the causality of an injury resulting from medical malpractice and is a vital aspect. It can be difficult for juries to determine whether your child's injuries result of the doctor's deviation from the accepted standards of professional practice without expert testimony.

Your attorney must establish a link between negligence and the injuries sustained by your child in order to prove the causation. This can be accomplished by various methods like medical records and expert witness testimony. Your lawyer will know how to find the best expert witnesses to assist in your case.

Your legal team will determine all defendants in the case of birth injury to your child. They may include obstetricians maternal-fetal medicine specialists nurses during labor and delivery, as well as other healthcare professionals. They'll need to determine the appropriate standards of care, which is generally established by the existing medical knowledge. This will involve a detailed review of your child's medical records which can be complex.

Your attorney will also have to calculate your child's future needs for care. It can be difficult to estimate the cost of therapies, equipment, caregivers at home, more surgeries and procedures, and many more. Your lawyer will collaborate with experts and witnesses to accurately determine the cost of future expenses.

Statute of Limitations

A birth injury case requires careful research and the involvement of medical experts. It is important to choose an attorney who has a profound understanding of the matter and knows how to construct a convincing case.

The first step is to establish that the defendant violated his duty of care. This requires looking over medical records and deposing the doctors involved. Attorneys will also consult medical experts to provide an opinion about whether the doctors were acting appropriately in the circumstances.

Medical negligence is the failure to follow a certain standard of care and expertise. This applies to doctors and other health professionals but is particularly demanding for specialists such as obstetricians who are highly trained and have specialized knowledge. A legal claim must establish causation, which implies 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. Minors are not able to sue themselves according to CPLR Sec. 1207.1. They must have a parent or guardian file on their behalf. Medical malpractice claims must also comply with statutory limits on damages, including non-economic damages. This limit is usually 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 recognition for the injuries that a child may have suffered due to medical negligence or malpractice at birth. The legal team you choose is aware of how to evaluate the numerous factors that impact the settlement of a birth injury, and how to argue these in court to obtain the highest amount of money.

The process begins with a complimentary consultation with your lawyer to establish an attorney-client relationship. The lawyer will then look into the case by examining medical records and contacting expert witnesses to define the accepted standard for the applicable procedure.

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

When a ruling is reached after a verdict is reached, your lawyer will draft the legal documents which will be used to calculate the amount of damages you and your child should be entitled to. This includes the estimated costs of future medical treatments as well as the loss of income and other economic damages. Your lawyer can also estimate the life-long costs of care of your child's injuries. This is known as a life-care program. This is usually a major portion of the settlement that is awarded.