Birth Injury Settlement

A settlement from a birth injury could be used to pay for long-term therapies which will help your child lead a more comfortable and healthy life. These treatments could include medication, home modifications and other equipment, such as wheelchairs.

Many families settle their cases because medical malpractice lawsuits are rare. The amount of a settlement will depend on several factors.

Damages

A birth injury can affect every aspect of a child's life, including their quality of life. Certain patients may require medication to manage their symptoms, while others could require modifications to their homes or medical devices like wheelchairs. Parents may also have to leave their jobs to care for their children, which could result in a loss of income. A lawyer will assess a patient's estimated lifetime treatment costs and seek enough compensation to cover these expenses.

The severity and duration of the injury will also determine the value of a settlement. A patient with cerebral palsy is likely to have greater medical expenses 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 emotional distress. This can reduce the value of a settlement.

Both sides will collect evidence from witnesses and create evidence when a lawsuit is filed. At some point the parties will meet to discuss possible resolutions via settlement negotiations. If negotiations fail, the case could be heard in court. A judge and jury will listen to arguments and render a verdict. However, trials are usually more costly and time-consuming than settlements. Therefore, it's best to settle as soon as you can.

Expert Witnesses

Expert witnesses can be an invaluable source of evidence when defending any claim for damages. They can also play a crucial role in showing causation, which is a necessary element of any medical malpractice claim. Without expert testimony, it could be difficult for a jury to determine whether your child's injuries were caused by the defendant doctor's deviation from accepted professional practices.

Your attorney must establish the connection between negligence and the harms suffered by your child to prove causation. This can be done using several methods, including medical records and expert testimony. Your lawyer will know how to find the most qualified experts to testify in your case.

Your legal team will be able to 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, and other healthcare professionals. Then, they will need to determine the quality of care that is generally defined by medical knowledge. This requires a thorough review of the medical records of your child which can be complex.

Your attorney will need to estimate the future needs of your child. It isn't easy to estimate the costs of therapies and equipment caregivers at home further surgeries and procedures, and many more. Your lawyer will collaborate with expert witnesses who will assist in calculating the cost of these future expenses.

Statute of Limitations

The process of preparing a birth injury lawsuit requires careful research and the recourse to medical experts. It is essential to choose an attorney who has a deep knowledge of the subject matter and who understands how to build a strong 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 taking depositions of the doctors involved. Attorneys can also seek medical experts to provide an opinion as to whether the doctors acted appropriately in the circumstances.

Medical negligence is the failure to follow a certain standard of care and knowledge. This standard is applicable to healthcare providers and doctors. professionals, but it is particularly strict for specialists such as obstetricians with their extensive training and specialized expertise. A legal action must also establish the causation. This means that the medical error directly caused the injury to the child.

Parents have two years to make a claim for malpractice on behalf of their child injured under New York law. Minors cannot sue themselves according to CPLR Sec. 1207.1. They must have a file for them by an adult or guardian. Medical malpractice claims must also conform to the statutory limits on damages, which includes non-economic damages. This limit is typically set by the court, and is often based upon the number of similar claims in the state.

Getting Started

Recognizing and obtaining compensation for the child's injuries due to medical malpractice or negligence at birth injuries requires the assistance of a seasoned attorney. A legal team that is competent will know how to evaluate the numerous factors that impact a birth injuries settlement and how to argue these in court to ensure that you receive the most amount of financial compensation.

The procedure begins with a no-cost consultation with your lawyer to establish an attorney-client relationship. Your lawyer will then investigate the case by examining medical records and calling in experts to establish the accepted standard for the relevant procedure.

Your lawyer will also negotiate with the defendants' insurance companies and press them to settle for reasonable damages. If this fails, your attorney will file a suit against the medical professionals to present the case in front of a judge and jury.

Your lawyer will prepare the documents needed to calculate the damages that you and your child are entitled to. This includes the estimated cost of future medical treatment as well as the loss of income and other economic damages. Your lawyer can also map out the life-long costs of care for your child's injuries. This process is called life-care planning. This usually is a large portion of the settlement.