Birth Injury Settlement

A birth injury settlement can help pay for long-term treatments that allow your child to live a more comfortable life. The treatments include medications, home modifications and equipment like wheelchairs.

Medical malpractice trials are very rare, so many families choose to settle their cases. However, the amount of settlement is contingent on a number of aspects.

Damages

A birth injury can affect the entirety of a child's existence, including their quality of life. For instance, some children need medication to manage symptoms and others require home modifications or medical equipment like wheelchairs. In addition, parents may be forced to quit their jobs to care for their children, resulting in an income loss. A lawyer will determine the estimated lifetime costs for treatment and seek enough compensation to cover these expenses.

The value of a settlement also is contingent on the severity and length of the injury. For instance, a patient with cerebral palsy will likely suffer a higher life-time medical bill than someone suffering from Erb's Palsy or shoulder dystocia, which are injuries that are less severe. Furthermore, some states put a limit on the amount of non-economic damages to suffering and pain and birth injury lawsuit this could decrease the value of a settlement.

If a lawsuit is filed, lawyers from both sides will create evidence and collect evidence from witnesses to back their allegations of negligence. Both sides will eventually meet to discuss solutions that could be reached through settlement discussions. If negotiations fail and the case is unable to be resolved, it can be taken to trial where jurors and judges will hear arguments and then issue the verdict. However, trials are generally more costly and time-consuming than settlements. Therefore, it is advisable to settle as quickly as you can.

Expert Witnesses

Expert witnesses can be an invaluable source of evidence when defending any claim for damages. They are also crucial in proving the cause of an injury resulting from medical malpractice which is a crucial aspect. It may be difficult for jurors to decide if your child's injuries are the result of the defendant's deviation from the accepted standards of professional practice without the assistance of an expert.

To prove causation, your attorney must establish a connection between the negligence and the child's injuries. This can be done through a variety of means including medical records, as well as expert testimony. Your lawyer will know where to find the most qualified expert witnesses to assist in your case.

Your legal team will be able to identify the defendants in the event of birth injuries to your child. They can include obstetricians and maternal-fetal medicine experts, nurses during the delivery and other healthcare professionals. They will then need to determine the quality of care, which is typically determined by medical knowledge. This will require a detailed review and examination of your child's medical records that may be complicated.

Your attorney will also have to calculate your child's future needs for care. This can be quite complicated because it involves estimating the costs for equipment and therapies such as in-home caregivers, procedures and surgeries and more. Your lawyer will work with expert witnesses who will help to accurately calculate these future expenses.

Statute of limitations

The process of preparing a birth injury lawsuit requires careful research and the use of medical experts. It is essential to select a lawyer with an in-depth understanding of the subject, and who is skilled at constructing a solid case.

The first step in a lawsuit is to establish that the defendant acted in breach of their duty of care. This includes review of medical records and appointing the doctors involved. A lawyer may also engage medical experts to give an opinion on whether the doctors acted properly under the circumstances.

Medical negligence is defined as the inability to meet an expected level of care and expertise. This standard applies to doctors and other health care professionals, but it is especially demanding for specialists such as obstetricians who have extensive training and knowledge. A legal action must also establish the causality. This means that the medical error directly caused the injury to the child.

New York law gives parents two years to file a malpractice lawsuit on behalf of a child who has suffered injury. However, minors are not legally able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a file for them by a parent or guardian. 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

A skilled attorney is required to obtain the proper compensation and recognition for the injuries that a child may have suffered because of medical negligence or malpractice in the course of birth. A legal team that is competent will be able to analyze the numerous aspects that affect a birth injury settlement and how to argue these in court so you receive the maximum amount of money.

A complimentary consultation with an attorney is the first step to establish a relationship between you and your lawyer. Once that is done the lawyer will then investigate the case, including looking over medical records and calling experts who can determine the standard of care that is accepted for the particular procedure.

Your lawyer will also negotiate with the insurers of the defendants and force them to agree for the right amount of damages. If this doesn't work, your lawyer will start a lawsuit against medical professionals and bring the case to trial before a judge and jury.

If a verdict is made 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 deserve. This will include the projected cost of future medical procedures, 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, which is called life-care planning. This is typically a major portion of the settlement.