Birth Injury Settlement

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

Many families settle their cases since medical malpractice lawsuits are not common. The amount of settlement is contingent on a variety of factors.

Damages

Birth injuries can impact all aspects of the child's existence, including their standard of living. For instance, some people require medication to treat their symptoms and others require modifications to their homes or medical equipment like wheelchairs. Parents might also be forced to quit their jobs to take care of their children, which can result 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 value of a settlement also depends on the severity and length of the injury. A person suffering from cerebral palsy will likely have greater medical expenses throughout their life than those suffering from Erb’s Palsy or Shoulder Dystocia. Some states limit the amount of noneconomic damages for pain, suffering and other emotional distress. This can lower a settlement value.

Both sides will gather evidence from witnesses and create evidence once a lawsuit is filed. At some point, both sides will meet to discuss potential resolutions through settlement negotiations. If negotiations fail, the case could be brought to trial. A jury and judge will listen to arguments and then make a decision. Trials are usually more expensive and long-lasting than settlements. It is best to settle your case as soon as possible.

Expert Witnesses

Expert witnesses can be a valuable resource in proving the claim for damages. They also play an important 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 if your child's injuries were the result of the doctor's deviance from the accepted professional guidelines.

Your lawyer must establish the connection between negligence and the injuries of your child to prove the causality. This can be done through various methods such as medical records and expert testimony. Your lawyer will be able to help you locate the best expert witness for your case.

Your legal team will identify all the defendants in the case of birth injury law firms injury to your child. They could include obstetricians, medical specialists for maternal-fetal medicine nurses during labor and delivery, as well as other healthcare professionals. They will then need to determine the quality of care, which is typically defined by medical expertise. This will require a thorough review and examination of your child's medical records that may be complicated.

Your attorney will also need to determine your child's future requirements for care. This can be a bit complicated because it involves estimating the cost for therapies and equipment and caregivers at home, as well as additional procedures and surgeries and more. Your lawyer will work with expert witnesses who will help you calculate these costs in the future.

Statute of Limitations

A birth injury law firms injury case requires careful investigation and the involvement of medical experts. It is essential to select an attorney with a thorough understanding of the subject and knows how to create an effective case.

The first step in a lawsuit is to prove that the defendant acted in breach of their duty of care. This requires reviewing medical records and taking depositions of the doctors involved. A lawyer will also engage medical experts to provide an opinion as to whether the doctors acted appropriately in the circumstances.

Medical negligence is the failure to meet a standard of care and competence. This standard applies to doctors and other health professionals, but it is especially demanding for specialists such as obstetricians who are highly trained and have specialized knowledge. A legal claim must establish 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 lawsuit on behalf of their child who has suffered injury. However, minors aren't able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a record for them by the parent or guardian. Medical malpractice cases are also subject to the statutory limitations on damages, including non-economic damages. This limit is typically set by the court, and is usually determined by the number similar cases in the state.

Getting Started

Getting adequate recognition and compensation for injuries suffered by a child due to medical malpractice or negligence at birth requires the assistance of a seasoned attorney. A competent legal team knows how to evaluate the many elements that influence the settlement for a birth injury and how to argue for these in court to secure the highest amount of money.

A free consultation with an attorney is the first step in establishing a relationship between you and your lawyer. Your lawyer will then investigate the case by examining medical records and calling in experts to establish the accepted standard for the pertinent procedure.

Your lawyer will also negotiate with and push the insurance companies of the defendants on a fair amount of damages. If that doesn't work your lawyer will make a claim against the medical providers and take the case to trial before a jury and a judge.

If a decision is reached the lawyer will draft the documents which will be used to calculate the amount of damages you and your child deserve. This will include the projected expenses of future medical treatments as well as loss of income and other economic damages. Your lawyer can also estimate the life-long costs of care for your child's injuries, which is known as life-care planning. This is usually a significant portion of the settlement.