Birth Injury Settlement

A birth injury settlement can provide long-term treatment options that allow your child to live a better life. These treatments may include home modifications, medication and other equipment, such as wheelchairs.

Medical malpractice trials are very rare, so many families choose to settle their cases. The amount of a settlement is contingent on a variety of factors.

Damages

Birth injuries can impact the entire child's life, including their quality of living. For instance, some patients require medication to manage their symptoms and others require home modifications or medical equipment, such as wheelchairs. Parents may also have to quit their jobs in order to care for their children, resulting in an income loss. A lawyer will estimate the cost of treatment for a patient's entire life, and then seek compensation to pay for the costs.

The value of a settlement also is contingent on the severity and length of the injury. A person with cerebral palsy is likely to have greater medical expenses over the course of 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 reduce the value of a settlement.

If a lawsuit is filed lawyers for both sides will prepare evidence and gather information from witnesses to prove their allegations of negligence. Both sides will eventually meet to discuss possible solutions through settlement talks. If negotiations do not succeed, the case can proceed to trial. A judge and jury will listen to arguments and then make a decision. However, trials are typically more expensive and time-consuming than settlements. It is best to settle your case as soon as possible.

Expert Witnesses

Expert witnesses can be an invaluable aid in defending an action for damages. They also play a crucial role in proving causation, which can be an essential element of any medical malpractice claim. It could be difficult for jurors to decide if your child's injuries are the result of the defendant's deviation from professional standards without the assistance of an expert.

To prove causation, your attorney must establish a link between your negligence of your child and the injuries. This can be done using various methods such as medical records and expert testimony. Your lawyer will know how to locate the best experts to aid in your case.

Your legal team will be able to identify the defendants involved in your child's birth injury case. They could include obstetricians as well as maternal-fetal medicine experts, nurses during the delivery and other healthcare providers. They will then have to determine the level of care, which is typically determined by medical knowledge. This will require a thorough review of the medical records of your child, which can be complex.

Your attorney will also have to estimate your child's requirements for care. It can be difficult to determine the costs of therapies and equipment caregivers at home, additional surgeries and procedures and many 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 important to select an attorney who has an extensive knowledge of the subject and knows how to build a solid case.

The first step is to establish that the defendant acted in breach of his duty of care. This is done by review of medical records and depositions of the doctors involved. Attorneys will also consult medical experts to give an opinion about whether the doctors acted appropriately under the circumstances.

Medical negligence is the failure to adhere to a set of standards of care and expertise. This standard applies to doctors and other health professionals, but it is especially rigorous for specialists like obstetricians who are highly trained and have specialized expertise. A legal claim must also establish causation, which implies that a medical mistake 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. However, minors are not allowed to file a lawsuit themselves under CPLR Sec. 1207.1. They must have an account with a parent or guardian on their behalf. Medical malpractice cases are also subject to statutory limitations on damages, which include non-economic damages. This limit is typically set by the court, and is often based on the number of similar claims in the state.

Getting Started

An experienced lawyer is essential to secure the right amount of compensation and acknowledgement for the injuries a child has suffered because of medical negligence or malpractice during birth. A legal team that is competent will know how to review the numerous aspects that affect a birth injury law firms injury settlement and how to argue for them in court to ensure that you get the maximum amount of financial compensation.

The process begins with a free consultation with your lawyer to establish an attorney-client relationship. Once that happens your lawyer will begin investigating the case, including reviewing medical records and calling experts to determine the standard of care that is accepted for the particular procedure.

Your lawyer will also meet with insurance companies of the defendants, and push them to settle for the right amount of damages. If that doesn't work the lawyer will make a claim against the medical providers and take 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 should be entitled to. This includes the anticipated expenses of future medical treatments or loss of income, as well as other economic damages. Your lawyer can also estimate the cost of care for your child over the course of his life of your child's injuries. This is known as a life-care program. This usually is a large part of the settlement.