Birth Injury Settlement

A birth injury settlement can provide long-term treatment options which will help your child have a more pleasant life. The treatments can include medication, home modifications and other equipment, such as wheelchairs.

Many families settle their cases since medical malpractice lawsuits are not common. The amount of settlement will depend on several factors.

Damages

Birth injuries can impact the entirety of a child's life, including their quality of life. For instance, some patients need medication to manage symptoms and others require modifications to their homes or medical equipment such as wheelchairs. Parents may also be required to give up their jobs to care for their children, resulting in a loss of income. A lawyer will estimate the estimated lifetime costs for treatment and seek enough compensation to cover the costs.

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

Both sides will gather evidence from witnesses and create evidence when a lawsuit is filed. Eventually, both sides will meet to discuss possible solutions through settlement negotiations. If negotiations fail, the case could go to trial. A jury and judge will listen to arguments and then make a decision. Trials tend to be more expensive and lengthy than settlements. It is best to settle your case as quickly as possible.

Expert Witnesses

Expert witnesses can provide important evidence to support a claim for damages. They also play an important role in showing causation, which is a necessary element of any medical malpractice claim. Without an expert witness, it could be difficult for jurors to determine whether the injuries suffered by your child were caused by the doctor's deviance from the accepted standards of professional practice.

To prove causation, your attorney will need to establish a link between your negligence of your child and the injuries. This can be accomplished through several methods that include medical records and expert testimony. Your lawyer will be able to help you locate the best expert witness to assist your case.

Your legal team will identify the defendants involved in your child's birth injury lawsuit. They could include obstetricians, medical specialists for maternal-fetal medicine, nurses during labor and delivery, as well as 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 and examination of your child's medical records which could be very complex.

Your attorney must determine the needs for future care of your child. This can be difficult, because it involves estimating the costs for therapies and equipment and caregivers at home, as well as additional procedures and surgeries and much more. Your lawyer will collaborate with experts and witnesses to accurately estimate future expenses.

Statute of limitations

The process of preparing a birth injury lawsuit requires careful research and the use of medical experts. It is important to select an attorney with a thorough understanding of the subject matter and who is skilled at constructing a solid case.

The first step is to prove that the defendant has violated his duty of care. This involves review of medical records and appointing the doctors involved. Attorneys can also seek medical experts to give an opinion as to whether the doctors acted in a proper manner under the circumstances.

Medical negligence is defined as the failure to perform the standard of care and skill. This standard applies to doctors and other healthcare professionals, but is especially rigorous for specialists like Obstetricians who have extensive training and specialization. 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 suit on behalf of their 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 record for birth injury Lawsuit them by the parent or guardian. Medical malpractice cases are also subject to the statutory limitations on damages, which includes 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

Getting adequate recognition and compensation for injuries sustained by a child caused by medical negligence or negligence during birth requires the assistance of a seasoned lawyer. The legal team you choose is aware of how to analyze the various factors that impact a birth injury settlement, and how to argue for these in court to get you the highest amount of money.

A free consultation with an attorney is the first stage in establishing a rapport between you and your lawyer. Once that is done your lawyer will conduct an investigation into the case, including looking over medical records and calling expert witnesses to determine the accepted standards of care for the relevant procedure.

Your lawyer will also work with defendants' insurance companies and pressure them to settle for a fair amount of damages. If that fails the lawyer will bring a lawsuit against the medical providers and take the case to trial before a judge and jury.

Your lawyer will prepare the documents necessary to calculate the damages you and your child are entitled to. This includes the anticipated costs of medical treatment in the future as well as loss of income and other economic damages. Your lawyer can also calculate the cost of care for your child over the course of his life of your child's injuries. This is referred to as a life-care strategy. This can be a significant part of the settlement awarded.