Birth Injury Settlement

A settlement from a birth injury may be used to fund long-term treatments that helps your child lead a more comfortable lifestyle. These treatments can include medications along with home modifications and equipment such as wheelchairs.

Many families settle their cases since medical malpractice trials are rare. However, the amount of settlement can depend on several aspects.

Damages

A birth injury can affect the entirety of a child's life including their quality of life. For instance, some children require medication to treat their symptoms and others require modifications to their homes or medical equipment such as wheelchairs. Parents may also need to give up their jobs in order to care for their children, resulting in the loss of income. A lawyer will estimate the patient's lifetime costs for treatment and then seek compensation to cover the cost.

The value of a settlement is contingent on the severity and duration of the injury. A person with cerebral palsy is likely to incur a higher medical cost over the course of their life than someone suffering from Erb's Palsy or Shoulder Dystocia. In addition, some states place an upper limit on the amount of non-economic damages to suffering and pain, which could lower the value of a settlement.

If the lawsuit is filed, lawyers on both sides prepare evidence and gather evidence from witnesses to back their accusations of negligence. In the end both sides will meet to discuss possible resolutions through settlement negotiations. If negotiations fail and the case is unable to be resolved, it can be taken to trial, where a judge and jury will hear arguments and issue an opinion. However, trials are typically more expensive and lengthy than settlements. It is best to settle your case as quickly as you can.

Expert Witnesses

Expert witnesses can provide important evidence to support an action for damages. They can also be vital in proving that the cause of the medical malpractice claim, which is an essential element. It may be difficult for juries to determine if your child's injuries are the result of the defendant's infraction to accepted professional practices without the assistance of an expert.

To prove causation, your attorney will need to establish a link between the negligence of your child and the injuries. This can be done through different methods such as medical records and expert witness testimony. Your lawyer will be able assist you in finding the right expert witness to help you in your case.

Your legal team will determine the defendants involved in your child's birth injury case. They can include obstetricians and maternal-fetal medicine experts, nurses during birth and other healthcare providers. They must then establish the appropriate standard of medical care, which is usually determined by current medical knowledge. This will require a thorough review of the medical records of your child which can be complex.

Your attorney will also need to calculate your child's future requirements for care. This can be complicated, since it involves estimating costs for therapies and equipment as well as in-home caregivers, further surgeries and procedures and many more. Your lawyer will collaborate with experts and witnesses to accurately calculate future expenses.

Statute of Limitations

Building a birth injury case requires careful investigation and the use of medical experts. It is essential to select an attorney with an extensive knowledge of the subject matter and who is skilled at constructing a solid case.

The first step in a lawsuit is establishing that the defendant has violated their duty of care. This involves review of medical records and depositions of the physicians involved. An attorney will also engage medical experts to give an opinion on whether or not the doctors acted in a proper manner under the circumstances.

Medical negligence is the failure to adhere to a standard of care and expertise. This is applicable to doctors and other health professionals however, it is more rigorous for specialists like obstetricians who have extensive training and expertise. A legal claim must also establish the cause. This means that the medical error directly caused the injury to the child.

Parents have two years to make a claim for Birth injury malpractice on behalf of their child injured under New York law. However, minors are not permitted to file a claim themselves under CPLR Sec. 1207.1. They must have an official file of a parent or guardian on their behalf. Medical malpractice claims must comply with statutory limits on damages, including noneconomic damages. This limit is usually set by the court and is usually dependent on the number of similar cases in the state.

Getting Started

Getting adequate recognition and compensation for a child's injuries due to medical malpractice or negligence during birth requires the assistance of a seasoned lawyer. The right legal team will be able to analyze the numerous factors that impact a birth injury settlement and how to argue them in court so you receive the maximum financial compensation.

A no-cost consultation with an attorney is the initial step to establish a relationship between you and your lawyer. Once that happens your lawyer will begin investigating the case, which includes reviewing medical records and calling expert witnesses to define the standard of care that is accepted for the procedure in question.

Your lawyer can also negotiate with and push the insurance companies of the defendants to settle on a fair amount for damages. If this fails, your attorney will bring a suit against the medical practitioners to present the case to an audience and a judge.

When a ruling is reached, your lawyer will draft the legal documents that will be used to calculate the amount of damages you and your child are entitled to. This includes the anticipated expenses of future medical treatments as well as the loss of income and other economic damages. Your lawyer will also be able to outline the costs over the life of your child's care for your child's injuries. This is called life-care planning. This is usually a large portion of the settlement.