Birth Injury Settlement

A settlement for a Birth Injury Law Firms injury can provide long-term treatment options which will help your child lead a more comfortable and healthy life. The treatments can include medication, home modifications and equipment like wheelchairs.

Many families settle their cases because medical malpractice trials are rare. But the amount of a settlement is contingent on a number of aspects.

Damages

A birth injury attorneys injury can impact all aspects of the child's life, including the quality of living. Certain patients may require medication to treat their ailments, while others may require modifications to their homes or medical devices such as wheelchairs. Parents may also have to quit their jobs in order to take care of their children, which can result in the loss of income. A lawyer will assess the estimated lifetime treatment costs and request enough compensation to cover those expenses.

The severity and length of the injury will also affect the value of the settlement. For instance, a person with cerebral palsy is likely have a greater lifetime medical expenses than a person suffering from Erb's Palsy or shoulder dystocia which are less serious injuries. Furthermore, some states put a limit on the amount of non-economic damages incurred for suffering and pain which can lower the value of a settlement.

Both sides will gather evidence from witnesses and prepare evidence once a lawsuit has been filed. The parties will eventually meet to discuss possible solutions in settlement discussions. If negotiations are unsuccessful then the case can go to trial where the jury and judge will hear arguments and issue the verdict. However, trials are generally more costly and time-consuming settlements. It is best to settle your case as soon as possible.

Expert Witnesses

Expert witnesses can be a valuable aid in defending a claim for damages. They can also be crucial in proving the causation of the medical malpractice claim which is an essential element. Without expert testimony, it may be difficult for a jury to determine if the injuries suffered by your child resulted from the defendant doctor's deviation from the accepted standards of professional practice.

Your lawyer will need to establish the connection between negligence and the harms suffered by your child in order to prove the causation. This can be done by many different methods that include medical records and expert testimony. Your lawyer will be able assist you in finding the right expert witness to aid your case.

Your legal team will identify all defendants in the case of birth injuries to your child. These can include obstetricians, maternal-fetal medicine specialists, nurses during the labor and birth process, and other healthcare professionals. They must then establish the appropriate standard of care, which is typically established by the existing medical knowledge. This will require a thorough review and analysis of your child's records which could be very complex.

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

Statute of Limitations

A birth injury case requires careful research and the involvement of medical experts. It is essential to choose a lawyer who has a profound understanding of the matter and who understands how to construct a convincing case.

The first step is to prove that the defendant acted in breach of his duty of care. This is done by the review of medical records as well as taking depositions of the physicians involved. A lawyer can also employ medical experts to provide an opinion as to whether the doctors acted in a proper manner in the circumstances.

Medical negligence is defined as a non-observance of the standard of care and proficiency. This is applicable to doctors and other health care professionals but is particularly rigorous for specialists like obstetricians who have extensive training and knowledge. A legal case must also prove causation. This means that a medical mistake directly led to the child's injury.

New York law gives parents two years to file a malpractice lawsuit on behalf of their child who has suffered injury. Minors cannot 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 noneconomic damages. The limit is usually determined by the court and is often dependent on the number of similar cases in the state.

Getting Started

An experienced attorney is needed to secure the right amount of compensation and recognition for injuries a child suffers because of medical negligence or malpractice at birth. The legal team you choose is aware of how to evaluate the many factors that affect the settlement of a birth injury, and how to argue these in court to obtain the maximum financial award.

A complimentary consultation with an attorney is the first step in establishing a connection between you and your lawyer. Your lawyer will then conduct an investigation into the matter by looking over medical records and contacting experts to determine the accepted standard for the pertinent procedure.

Your lawyer will also negotiate with insurance companies of the defendants, and force them to agree for an appropriate amount of damages. If this doesn't work, your lawyer will make a claim against the medical professionals and bring the case to trial before a judge and jury.

Your lawyer will create the documents necessary to calculate the damages you and your child are entitled to. This includes the projected cost of future medical treatment as well as the loss of income and other economic damages. Your lawyer can also map out the lifetime costs of care for your child's injuries. This is known as life-care planning. This is often a significant portion of the settlement that is awarded.