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Birth Injury Settlement

A birth injury settlement can pay for long-term treatments that help your child live a more comfortable life. These treatments can 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 several factors.

Damages

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

The value of a settlement is contingent on the severity and duration of the injury. A patient with cerebral palsy is likely to have greater medical expenses over the course of their life than someone suffering from Erb's Palsy or Shoulder Dystocia. Some states limit the amount of noneconomic damages for pain, suffering and other emotional distress, which can reduce the value of a settlement.

Both sides will gather evidence from witnesses and prepare evidence when a lawsuit is filed. Then the parties will meet to discuss possible resolutions through settlement negotiations. If negotiations fail, the case could go to trial. A judge and jury will hear arguments and make a decision. However, trials are generally more costly and time-consuming than settlements. Therefore, it is advisable to settle as soon as you can.

Expert Witnesses

Expert witnesses can provide valuable evidence to support the claim for damages. They can also be vital in proving the causality of a medical malpractice claim which is a crucial element. It may be difficult for juries to determine whether your child's injuries result of a doctor's deviation from professional standards without expert testimony.

Your attorney will have to establish the connection between negligence and the injuries of your child to prove causation. This can be done through a variety means including medical documents and expert witness testimony. Your lawyer will be able to assist you in finding the most suitable expert witness for your case.

Your legal team will determine the defendants in your child's birth injury lawsuit. These can include obstetricians, medical specialists for maternal-fetal medicine nurses during labor and delivery, as well as other healthcare professionals. They must then establish the appropriate standards of care, which is generally defined by existing medical knowledge. This will require a detailed review and analysis of your child's medical records which could be very complex.

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

Statute of Limitations

The process of preparing a birth injury lawsuit requires careful research and the use of medical experts. It is crucial to choose a lawyer with an understanding of the subject and knows how to build a solid case.

The first step in a lawsuit is to prove that the defendant breached their duty of care. This involves review of medical records and depositions of the physicians involved. A lawyer will also hire medical experts to give an opinion as to whether the doctors acted in a proper manner in the circumstances.

Medical negligence is defined as a inability to meet the standard of care and expertise. This standard applies to doctors and other healthcare professionals, but is especially specific for specialists like doctors of obstetrics with their extensive education and expertise. A legal case must also establish causation, which implies that a medical error directly led to 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 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 cases are also subject to the statutory limitations on damages, which include non-economic damages. This limit is usually set by the court and is often based on the number of similar claims in the state.

Getting Started

Recognizing and obtaining compensation for injuries sustained by a child caused by medical negligence or negligence at birth injury lawsuits requires the assistance of an experienced attorney. The right legal team can analyze the many different factors that influence a birth injury settlement and how to present them in court to ensure that you receive the highest amount of money.

A no-cost consultation with an attorney is the initial stage in establishing a rapport between you and your lawyer. Your lawyer will then investigate the case by examining medical records and calling in experts to establish the acceptable standard for the relevant procedure.

Your lawyer will also work with insurance companies of the defendants, and press them to settle for reasonable damages. If that doesn't work the lawyer will bring a lawsuit 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 legal documents which will be used to calculate the amount of damages you and your child deserve. This will include the projected cost of future medical treatments and loss of income and other economic damages. The lawyer can also estimate the lifetime cost of care of your child's injuries. This is referred to as a life-care program. This is usually a significant part of the settlement.