birth injury lawyer Injury Settlement

A birth injury settlement may be used to fund long-term treatments that will allow your child to lead an easier life. These treatments could include home modifications, medication and equipment like wheelchairs.

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

Damages

Birth injuries can impact every aspect of a child's development, including their quality of life. For example, some patients need medication to manage symptoms and others require home modifications or medical equipment such as wheelchairs. Parents could also have to quit their jobs to care for their children, which can result in the loss of income. A lawyer will estimate the cost of treatment for a lifetime, and then seek compensation to pay for the cost.

The severity and duration of the injury may determine the value of a settlement. For instance, a patient with cerebral palsy is more likely to suffer a higher life-time medical bill than someone suffering from Erb's Palsy or shoulder dystocia which are less serious injuries. Certain states limit the amount of noneconomic damages for pain, suffering and other emotional distress, which may lower a settlement value.

Both sides will gather evidence from witnesses and create evidence once a lawsuit has been filed. Eventually both sides will meet to discuss possible resolutions through settlement negotiations. If negotiations are unsuccessful the case will go to trial where a judge and jury will hear arguments and give a verdict. However, trials are generally more expensive and lengthy than settlements. Therefore, it is best to settle as fast as you can.

Expert Witnesses

Expert witnesses can be an invaluable resource in proving an action for damages. They can also be vital in proving the causation of the medical malpractice claim and is a vital element. It can be difficult for juries to determine if your child's injuries are the result of the defendant doctor's infraction to accepted professional practices without the assistance of an expert.

To prove causation, your attorney will need to establish a link between your negligence and your child's injuries. This can be done by a variety means like medical records and expert witness testimony. Your lawyer will be able to assist you in finding the most suitable expert witness to assist your case.

Your legal team will help you identify the defendants in your child's birth injury lawsuit. They can include obstetricians and maternal-fetal medicine experts, nurses during delivery and other healthcare providers. They will then need to establish the appropriate standards of care, which is generally defined by existing medical knowledge. This will require a thorough review and review of your child's health records which could be very complex.

Your attorney will also need to calculate your child's future needs for care. This can be quite complicated because it involves estimating the cost for equipment and therapies and caregivers at home, as well as additional surgeries and procedures and more. Your lawyer will work closely with experts and witnesses to accurately calculate the future costs.

Statute of Limitations

The process of preparing a birth injury lawsuit requires careful investigation and the recourse to medical experts. It is important to choose a lawyer who has a extensive knowledge of the matter and who understands how to build a solid case.

The first step in a lawsuit is to prove that the defendant violated their duty of care. This is done by looking over medical records and taking depositions of the physicians involved. An attorney will also engage medical experts to provide an opinion about whether the doctors were acting appropriately in the circumstances.

Medical negligence is the failure to meet a standard of care and competence. This applies to doctors and birth injury lawsuit other health care professionals, but it is especially strict for specialists such as obstetricians who have extensive training and knowledge. A legal claim must also establish causation, which means that a medical error directly caused 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 an account with a parent or guardian on their behalf. Medical malpractice cases are also subject to the statutory limitations on damages, which include non-economic damages. This limit is typically set by the court and is often based upon the number of similar claims in the state.

Getting Started

An experienced attorney is necessary for obtaining the appropriate compensation and recognition for the injuries a child suffers because of medical negligence or malpractice in the course of birth. The legal team you choose is aware of how to assess the numerous factors that affect the settlement for birth injuries, and how to argue for these in court to obtain the most financial compensation.

A free consultation with an attorney is the initial step to establish a relationship between you and your lawyer. Once that happens your lawyer will conduct an investigation into the case, which includes reviewing medical records and bringing experts to define the standard of care that is accepted for the specific procedure.

Your lawyer will also negotiate and push insurance companies of the defendants to settle on a fair amount of damages. If that doesn't work then your lawyer will file a lawsuit against the medical professionals and bring the case to trial before a judge and jury.

Your lawyer will draft the documents necessary to calculate the amount of damages you and your child are entitled to. This includes the estimated costs of future medical treatments as well as the loss of income and other economic damages. Your lawyer can also map out the lifetime costs of care for your child's injuries, which is called life-care planning. This is usually a major part of the settlement awarded.