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Birth Injury Settlement

A settlement for birth injuries could provide long-term treatment that helps your child lead a more comfortable lifestyle. These treatments could include medication or home modifications as well as 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 affect the entire child's life, including the quality of living. Some patients may require medication to treat their symptoms, while others could require home modifications or medical devices such as wheelchairs. In addition, parents may have to leave their jobs to care for their children, leading to the loss of income. A lawyer will estimate the cost of treatment for a patient's entire life, and then seek compensation to pay for these costs.

The severity and length of the injury will also affect the value of the settlement. For instance, a patient with cerebral palsy is likely have a much higher lifetime medical bill than someone suffering from Erb's Palsy or shoulder dystocia, which are less severe injuries. Some states limit the amount of noneconomic damages for suffering, pain and other emotional distress, which could lower a settlement value.

If a lawsuit is filed, lawyers for both sides will create evidence and collect information from witnesses to support their assertions of negligence. Both sides will eventually meet to discuss possible solutions through settlement negotiations. If negotiations fail, the case could be brought to trial. A judge and jury will listen to arguments and make a decision. Trials can be more costly and take longer than settlements. It is recommended to settle your case as soon as possible.

Expert Witnesses

Expert witnesses can be valuable evidence to support an action for damages. They are also crucial in proving the causality of an injury resulting from medical malpractice and is a vital aspect. It may be difficult for juries to determine 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 and the injury suffered by your child. This can be done by a variety means like medical records and expert witness testimony. Your lawyer will know where to find the best experts to help in your case.

Your legal team will determine all the defendants in the case of birth injuries to your child. They could include obstetricians, medical specialists for maternal-fetal medicine nurses during labor and delivery, as well as other healthcare providers. They'll need to establish the appropriate standards of care, which is generally determined by the current medical knowledge. This will require a thorough review and examination of your child's medical records which could be quite complex.

Your attorney will also have to estimate your child's future care needs. This can be complicated, as it involves estimating costs for therapies and equipment such as in-home caregivers, procedures and surgeries and more. Your lawyer will collaborate with experts who can help to accurately calculate the cost of these future expenses.

Statute of Limitations

A birth injury case requires careful research and the involvement of medical experts. It is important to choose an attorney with thorough understanding of the matter and who understands how to build a strong case.

The first step in a lawsuit is to prove that the defendant has violated their duty of care. This is done by the review of medical records as well as taking depositions of the physicians involved. Attorneys will also consult medical experts to provide an opinion about whether the doctors were acting appropriately in the circumstances.

Medical negligence is the inability to follow a certain standard of care and expertise. This applies to doctors and other health professionals however it is more demanding for specialists such as obstetricians who have extensive training and specialized expertise. A legal claim also 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 been injured. However, minors are not able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a record for them by a parent or guardian. Medical malpractice claims must also conform to the statutory limits on damages, including noneconomic damages. The limit is usually determined by the court and is often based on the number of similar cases in the state.

Getting Started

Getting adequate recognition and compensation for injuries suffered by a child caused by medical malpractice or negligence at birth requires the assistance of a seasoned lawyer. A legal team that is knowledgeable knows how to evaluate the many aspects that impact a birth injury settlement, and how to argue for these in court to obtain the highest amount of money.

A free consultation with an attorney is the initial step in establishing a relationship between you and your lawyer. After that your lawyer will begin investigating the case, including reviewing medical records and bringing in expert witnesses who can determine the standard of care that is accepted for the relevant procedure.

Your lawyer will also meet with defendants' insurance companies and press them to settle for 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.

Your lawyer will create the necessary documents to calculate the damages that you and your child are entitled to. This includes the estimated cost of future medical treatments, loss of income, and other economic damages. Your lawyer will also be able to outline the cost of care over the course of time for your child's injuries. This process is called life-care planning. This is typically a major part of the settlement.

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