Birth Injury Settlement

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

Many families settle their cases because medical malpractice trials are rare. The amount of a settlement will depend on several factors.

Damages

Birth injuries can impact all aspects of a child's existence, including their quality of life. For instance, some people require medication to treat their ailments and others require home modifications or medical equipment such as wheelchairs. Parents could also need to quit their jobs to take care of their children, which could result in losing income. A lawyer will estimate a patient's estimated lifetime costs for treatment and seek enough compensation to cover those expenses.

The severity and duration of the injury may affect the value of the settlement. A person suffering from cerebral palsy will likely have greater medical expenses over the course of their lifetime than someone with Erb's Palsy or Shoulder Dystocia. Additionally, some states have limitations on the amount of non-economic damages to pain and suffering, which could lower the value of a settlement.

When a lawsuit is filed, attorneys for both sides will create evidence and collect information from witnesses to prove their assertions of negligence. Eventually the parties will meet to discuss possible resolutions via settlement talks. If negotiations fail then the case can go to trial, where the jury and a judge will hear arguments and then issue the verdict. Trials can be more costly and time-consuming than settlements. It is best to settle your case as quickly as possible.

Expert Witnesses

Expert witnesses can be an invaluable resource in proving the claim for damages. They be a vital part in the process of proving causation, which is essential to any medical malpractice claim. It may be difficult for jurors to decide if your child's injuries result of the defendant doctor's deviation from the accepted standards of professional practice without the assistance of an expert.

To establish causation, your lawyer must establish a link between the negligence of your child and the injuries. This can be done by many different methods such as medical records and expert testimony. Your lawyer will know how to locate the best expert witnesses to assist in your case.

Your legal team will be able to identify each defendant in the event of birth injuries to your child. They may include obstetricians maternal-fetal medicine specialists nurses during the labor and birth process, and other healthcare professionals. Then, they will need to determine the standard of care which is usually defined by medical knowledge. This will require a thorough review of your child's medical records which can be complex.

Your attorney will also need to calculate your child's future needs for care. This can be quite complicated since it involves estimating costs for therapies and equipment, in-home caregivers, additional procedures and surgeries and many more. Your lawyer will work with experts who can help you calculate the cost of these future expenses.

Statute of limitations

The process of preparing a birth injury lawsuit requires careful investigation and the recourse to medical experts. It is crucial to choose an attorney with an understanding of the subject and who is able to construct an effective case.

The first step in a lawsuit is to prove that the defendant violated their duty of care. This involves the review of medical records as well as taking depositions of the doctors involved. Lawyers will also employ medical experts to give an opinion on whether the doctors were acting in the right way in the circumstances.

Medical negligence is defined as a failure to adhere to the standard of care and skill. This standard is applicable to doctors and other healthcare professionals, but it's especially strict for specialists like obsetricians, who have a vast education and specialized knowledge. A legal claim must also establish causation, which means that a medical error directly caused the child's injury.

New York law gives parents two years to file a malpractice suit on behalf of their child who has been injured. Minors are not able to sue themselves, according to CPLR Sec. 1207.1. They must have a record for them by an adult or guardian. Medical malpractice claims must also conform to the legal limits for damages, which includes non-economic damages. This limit is usually set by the court, and is usually based on the number of similar claims in the state.

Getting Started

The right amount of recognition and compensation for the child's injuries caused by medical negligence or negligence during birth requires the help of an experienced attorney. The legal team you choose is aware of how to evaluate the numerous factors that impact a birth injury settlement, and how to argue for these in court to ensure you receive the most financial compensation.

The process begins with a free consultation with your lawyer to establish an attorney-client relationship. The lawyer will then look into the matter by looking over medical records and contacting experts to establish the accepted standard for the applicable procedure.

Your lawyer will be negotiating and pushing the insurance companies of the defendants to settle on a fair amount of damages. If that fails then your lawyer will bring a lawsuit against the medical providers and take the case to trial before a judge and jury.

If a decision 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 projected costs of any future medical treatment as well as the loss of income and other economic damages. Your lawyer may also calculate the lifetime costs for care of your child's injuries. This is referred to as a life-care plan. This usually is a large part of the settlement.