Birth Injury Settlement

A settlement from a birth injury could provide long-term treatment options that will allow your child to live a better life. These treatments can include medications along with home modifications and devices like wheelchairs.

Many families settle their cases because medical malpractice lawsuits are not common. However, the amount of settlement is contingent on a number of factors.

Damages

Birth injuries can impact the entirety of a child's existence, including their quality of life. For example, some patients need medication to manage symptoms and others require modifications to their homes or medical equipment like wheelchairs. Parents might also need to give up their jobs to take care of their children, resulting in an income loss. A lawyer will determine the estimated lifetime treatment costs and seek enough compensation to cover these expenses.

The value of a settlement is contingent on the severity and duration of the injury. A person with cerebral palsy is likely to have an increased medical bill over the course of their life than a person with Erb’s Palsy or Shoulder Dystocia. Certain states limit the amount of noneconomic damages for pain, suffering and other emotional distress, which could lower a settlement value.

If a lawsuit is filed, lawyers on both sides prepare evidence and gather evidence from witnesses to back their allegations of negligence. Both sides will eventually meet to discuss possible solutions in settlement talks. If negotiations fail, the case may be heard in court. A jury and judge will hear arguments and decide. However, trials tend to be more costly and time-consuming settlements. Therefore, it is advisable to settle as soon as you can.

Expert Witnesses

Expert witnesses can be a valuable aid in defending a claim for damages. They also play a crucial role in showing causation, lawsuits which is essential to any medical malpractice case. It can be difficult for juries to determine if your child's injuries are the result of a doctor's deviation from the accepted standards of professional practice without expert testimony.

Your attorney will have to establish a link between negligence and the injuries of your child in order to prove causation. This can be accomplished by different methods like medical documents and expert witness testimony. Your lawyer will know how to find the most qualified expert witnesses to assist in your case.

Your legal team will be able to identify the defendants involved in your child's birth injury law firms injury case. They could include obstetricians, medical specialists for maternal-fetal medicine nurses during labor and delivery, as well as other healthcare providers. They will then have to determine the level of care that is usually defined by medical knowledge. This will require a thorough review and analysis of your child's records which could be very complex.

Your attorney will need to determine the needs for future care of your child. This can be a bit complicated since it involves estimating costs for equipment and therapies such as in-home caregivers, surgeries and procedures and more. Your lawyer will collaborate with expert witnesses who can assist in calculating the cost of these future expenses.

Statute of limitations

The process of preparing a birth injury lawsuit involves careful research and the use of medical experts. It is essential to choose an attorney with a extensive knowledge of the matter and who knows how to build a solid case.

The first step in a lawsuit is to establish that the defendant breached their duty of care. This requires looking over medical records and deposing the doctors involved. An attorney will also engage medical experts to give an opinion on whether the doctors acted appropriately under the circumstances.

Medical negligence is defined as a failure to adhere to an expected level of care and skill. This applies to doctors and other health care professionals however, it is more strict for specialists such as obstetricians who have extensive training and specialized knowledge. A legal claim must also establish causation, which is that a medical mistake directly caused the child's injury.

Parents have two years to make a claim for malpractice on behalf of an injured child under New York law. However, minors are not legally able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have the file of a parent/guardian on their behalf. Medical malpractice claims must also conform to the legal limits for damages, which includes noneconomic damages. This limit is usually set by the court and is often based on the number of similar claims in the state.

Getting Started

An experienced attorney is needed for obtaining the appropriate compensation and recognition for the injuries that a child may have suffered because of medical negligence or malpractice at birth. A legal team that is knowledgeable knows how to evaluate the numerous aspects that impact the settlement for birth injuries, and how to argue these in court to obtain the maximum financial award.

The process begins with a free consultation with your lawyer to establish an attorney-client relationship. Once that happens the lawyer will then investigate the case, which includes reviewing medical records and calling in expert witnesses who can determine the accepted standards of care for the specific procedure.

Your lawyer will be negotiating and pushing the insurance companies of the defendants to negotiate on a fair amount of damages. If this fails, your attorney will file a lawsuit against the medical providers to present the case in front of an audience and a judge.

If a decision is reached after a verdict is reached, your lawyer will draft the documents that will be used to calculate the damages you and your child deserve. This includes the projected cost of future medical treatment as well as loss of income and other economic damages. The lawyer can also estimate the lifetime cost of care of your child's injuries. This is known as a life-care strategy. This is usually a large portion of the settlement that is awarded.