Birth Injury Settlement

A settlement for birth injuries can provide long-term treatment options that help your child live a more comfortable life. These treatments could include medication, home modifications and equipment like wheelchairs.

Medical malpractice trials are extremely rare and therefore many families decide to settle their cases. But the amount of a settlement can depend on several factors.

Damages

Birth injuries can impact every aspect of a child's life including their quality of living. Some patients may require medication to manage their symptoms, while others might require home modifications or medical devices, such as wheelchairs. Parents might also need to quit their jobs to take care of their children, which can result in an income loss. A lawyer will calculate the estimated lifetime costs for treatment and seek enough compensation to cover the costs.

The value of a settlement depends on the severity and duration of the injury. A person suffering from cerebral palsy may have a higher medical cost throughout their life than those suffering from Erb's Palsy or Shoulder Dystocia. Some states limit the amount of noneconomic damages for suffering, pain and other emotional distress, which may lower a settlement value.

Both sides will gather evidence from witnesses and prepare evidence once a lawsuit has been filed. At some point, both sides will meet to discuss potential resolutions through settlement talks. If negotiations are unsuccessful, the case can proceed to trial, where the jury and judge will hear arguments and issue the verdict. However, trials are generally more costly and time-consuming than settlements. It is recommended to settle your case as quickly as you can.

Expert Witnesses

Expert witnesses can be an invaluable source of evidence when defending a claim for damages. They can be a vital part in proving causation, which is essential to any medical malpractice case. It can be difficult for jurors to determine if your child's injuries result of the defendant doctor's deviation from professional standards without the assistance of an expert.

To prove causation, your attorney will need to establish a link between your negligence of your child and the injuries. This can be accomplished by different methods such as medical records and expert witness testimony. Your lawyer will know where to find the most qualified expert witnesses to assist in your case.

Your legal team will determine the defendants involved in the birth injury case of your child. These can include obstetricians, medical specialists for maternal-fetal medicine nurses during labor and delivery, and other healthcare professionals. They must then establish the appropriate standard of care, which is generally defined by existing medical knowledge. This requires a thorough review of the medical records of your child which can be complex.

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

Statute of limitations

A birth injury lawyer injury case requires careful investigation and the involvement of medical experts. It is essential to choose an attorney with profound understanding of the matter and who knows how to build a solid case.

The first step in a lawsuit is establishing that the defendant has violated their duty of care. This involves reviewing medical records and deposing the doctors involved. A lawyer will also hire medical experts to provide an opinion on the doctors acted in a proper manner under the circumstances.

Medical negligence is defined as a non-observance of the standard of care and proficiency. This applies to doctors and other health care professionals but is particularly difficult for obstetricians, such as those who have a vast amount of training and knowledge. A legal case must also prove causation. This means that a medical error directly caused 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. However, minors are not legally able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have the file of a parent/guardian on their behalf. Medical malpractice claims must also be in compliance with the law regarding damages, which includes non-economic damages. The limit is usually determined by the court and is often based on the number of similar cases in the state.

Getting Started

Recognizing and obtaining compensation for a child's injuries caused by medical malpractice or negligence at birth requires the assistance of a seasoned attorney. The right legal team knows how to assess the numerous aspects that impact a birth injury settlement, and how to argue for these in court to get you the most financial compensation.

The procedure begins with a no-cost consultation with your lawyer to establish an attorney-client relationship. Your lawyer will then conduct an investigation into the matter by looking over medical records and calling in expert witnesses to define the accepted standard for the pertinent procedure.

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

Your lawyer will draft the documents necessary to calculate the amount of damages you and your child are entitled to. This includes the projected costs of future medical treatments as well as the loss of income and other economic damages. Your lawyer may also calculate the lifetime cost of care of your child's injuries. This is referred to as a life-care strategy. This is usually a major part of the settlement awarded.