Birth Injury Settlement

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

Medical malpractice trials are very rare, so many families choose to settle their cases. The amount of a settlement depends on a number of factors.

Damages

Birth injuries can impact every aspect of a child's development, including their quality of life. For instance, some patients require medication to manage their symptoms and others require home modifications or medical equipment, such as wheelchairs. Parents might also need to give up their jobs in order to care for their children, resulting in a loss of income. A lawyer will estimate the cost of treatment for a patient's entire life and then seek compensation to pay for the cost.

The amount of a settlement is contingent on the severity and duration of the injury. For instance, a patient with cerebral palsy will likely have a much higher lifetime medical expense than someone with Erb's Palsy or shoulder dystocia which are less severe injuries. Additionally, certain states impose limits on the amount of non-economic damages for birth injury suffering and pain, which could lower the value of a settlement.

If an action is filed, attorneys for both sides will prepare evidence and gather details from witnesses to support their allegations of negligence. At some point, both sides will meet to discuss potential resolutions through settlement negotiations. If negotiations fail, the case may be brought to trial. A jury and judge will hear arguments and decide. However, trials are usually more costly and time-consuming settlements. Therefore, it's best to settle as quickly as you can.

Expert Witnesses

Expert witnesses can be a valuable aid in defending any claim for damages. They can also be essential in proving the cause of an injury resulting from medical malpractice which is a crucial aspect. Without expert testimony, it may be difficult for jurors to determine whether the injuries suffered by your child were the result of the doctor's deviance from accepted professional practices.

Your lawyer will need to establish the connection between negligence and the injuries of your child to prove the causation. This can be accomplished through various methods that include medical records and expert testimony. Your lawyer will be able to help you locate the best expert witness to help you in your case.

Your legal team will be able to identify all the defendants in the case of birth injuries to your child. They could include obstetricians, maternal-fetal medicine experts, nurses during the delivery and other healthcare providers. They will then need to establish the appropriate standards of care, which is usually determined by current medical knowledge. This requires a thorough review of the medical records of your child which can be a bit complicated.

Your attorney will also need to estimate your child's future requirements for care. This can be complicated, because it involves estimating the cost for equipment and therapies as well as in-home caregivers, further surgeries and procedures and much more. Your lawyer will collaborate with expert witnesses to accurately determine the cost of future expenses.

Statute of limitations

A birth injury case requires careful research and the involvement of medical experts. It is important to select an attorney with an in-depth understanding of the subject matter and who is able to construct an effective case.

The first step in a lawsuit is to prove that the defendant has violated their duty of care. This is done by looking over medical records and taking depositions of the doctors involved. A lawyer may also engage medical experts to provide an opinion on whether the doctors acted appropriately in the circumstances.

Medical negligence is defined as the failure to adhere to an expected level of care and expertise. This standard is applicable to healthcare providers and doctors. professionals, but it is particularly rigorous for specialists like Obstetricians who have extensive training and specialized expertise. A legal claim must also establish causation, which is that a 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 aren't 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 conform to the legal limits for damages, which includes non-economic damages. This limit is typically set by the court and is often based on the number of similar cases in the state.

Getting Started

Getting adequate recognition and compensation for injuries suffered by a child caused by medical negligence or negligence at birth requires the help of a seasoned attorney. The legal team you choose will know how to review the numerous aspects that impact a birth injuries settlement and how to argue them in court so you receive the maximum financial compensation.

A free consultation with an attorney is the first step to establish a relationship between you and your lawyer. Once that happens your lawyer will conduct an investigation into the matter, including reviewing medical records and bringing experts who can define the accepted standard of care for the relevant procedure.

Your lawyer can also negotiate with and push the insurance companies of the defendants on a fair amount of damages. If this doesn't work, your attorney will file a lawsuit against the medical providers and present the case to the judge and jury.

When a ruling 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 owe. This includes the anticipated costs of any future medical treatment or loss of income, as well as other economic damages. Your lawyer will also be able to outline the lifetime costs of care for your child's injuries, a process known as life-care planning. This is usually a major part of the settlement awarded.