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Birth Injury Settlement

A birth injury settlement can provide long-term treatment options that will allow your child to have a more pleasant life. These treatments can include home modifications, medication and even equipment like wheelchairs.

Medical malpractice trials are very 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 the entire child's life including their quality of living. For instance, some people require medication to treat their symptoms and others require home modifications or medical equipment like wheelchairs. Parents may also be required to give up their jobs to care for their children, resulting in the loss of income. A lawyer will estimate the patient's lifetime treatment costs and then seek compensation to pay for these expenses.

The severity and length of the injury can determine the value of a settlement. A person suffering from cerebral palsy is likely to have greater medical expenses over the course of their lifetime than someone with Erb's Palsy or Shoulder Dystocia. Certain states restrict the amount of non-economic damages for pain, suffering and other emotional distress. This can lower a settlement value.

If the lawsuit is filed, lawyers from both sides will prepare evidence and gather details from witnesses to support their accusations of negligence. At some point the parties will meet to discuss potential resolutions through settlement negotiations. If negotiations fail then the case can go to trial where a judge and jury will hear arguments and issue an opinion. Trials are generally more expensive and long-lasting than settlements. It is recommended to settle your case as quickly as you can.

Expert Witnesses

Expert witnesses can be a valuable asset in supporting an action for damages. They can also play a critical role in showing causation, which is a necessary element of any medical malpractice case. It could be difficult for jurors to decide if your child's injuries are the result of the defendant doctor's deviation from professional standards without expert testimony.

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 many different ways like medical documents and expert witness testimony. Your lawyer will know how to locate the best experts to aid in your case.

Your legal team will help you identify the defendants in your child's birth injury lawsuit. This could include obstetricians maternal-fetal medicine specialists, nurses during labor and delivery, and other healthcare professionals. Then, they will need to determine the quality of care, which is typically defined by medical knowledge. This will require a detailed review and examination of your child's medical records which could be very complex.

Your attorney will also have to estimate your child's needs for care. This can be complicated, because it involves estimating the cost for equipment and therapies as well as in-home caregivers, further procedures and surgeries and many more. Your lawyer will collaborate with expert witnesses to assist in calculating these costs in the future.

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 extensive knowledge of the subject, and who knows how to build an effective case.

The first step in a lawsuit is to prove that the defendant has violated their duty of care. This involves review of medical records and depositions of the physicians involved. A lawyer may also engage medical experts to provide an opinion on the doctors acted properly under the circumstances.

Medical negligence is the failure to adhere to a set of standards of care and competence. This applies to doctors and other health care professionals however, it is more rigorous for specialists like obstetricians who have extensive training and specialized expertise. A legal claim must establish the causation. 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 a child who has suffered injury. Minors are not able to sue themselves according to 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 noneconomic damages. The limit is usually determined by the court and is usually based on the number of similar cases in the state.

Getting Started

A skilled attorney is required for obtaining the appropriate compensation and acknowledgement for the injuries a child suffers because of medical negligence or malpractice in the course of birth injury lawsuits. A legal team that is competent can analyze the numerous aspects that influence a birth injury settlement and how to argue these in court to ensure that you get the maximum amount of financial compensation.

A no-cost consultation with an attorney is the first step in establishing a relationship between you and your lawyer. Once this is established your lawyer will conduct an investigation into the matter, including reviewing medical records and bringing in expert witnesses who can define the accepted standards of care for the particular procedure.

Your lawyer will also work with defendants' insurance companies and force them to agree for reasonable damages. If that doesn't work the lawyer will bring a lawsuit against the medical professionals and bring the case to trial before a jury and judge.

If a verdict is made Your lawyer will draft the documents that will be used to calculate the damages you and your child are entitled to. This will include the projected costs of any future medical treatment, 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 called life-care planning. This is often a significant component of the settlement you receive.