birth injury law firm Injury Settlement

A settlement from a birth injury could pay for long-term treatments that help your child have a more pleasant life. These treatments could include home modifications, medication and even equipment like wheelchairs.

Medical malpractice trials are rare so a lot of families choose to settle their cases. The amount of a settlement depends on a number of factors.

Damages

Birth injuries can affect all aspects of a child's life including their quality of living. For instance, some children require medication to treat their ailments and others require modifications to their homes or medical equipment, such as wheelchairs. Parents may also be required to quit their jobs to care for their children, resulting in losing income. A lawyer will assess a patient's estimated lifetime costs for treatment and seek enough compensation to cover the costs.

The severity and duration of the injury will also influence the value of the settlement. Patients with cerebral palsy is likely to incur greater medical expenses over the course of their life than those suffering from Erb’s Palsy or Shoulder Dystocia. In addition, birth injury lawsuit some states place limits on the amount of non-economic damages to suffering and pain and this could decrease the value of a settlement.

When an action is filed, lawyers for both sides will prepare evidence and gather information from witnesses to support their accusations of negligence. Both sides will eventually meet to discuss possible solutions via settlement discussions. If negotiations fail, the case could go to trial. A judge and jury will hear arguments and make a decision. Trials tend to be more expensive and time-consuming than settlements. Therefore, it's best to settle as soon as you can.

Expert Witnesses

Expert witnesses can be a valuable source of evidence when defending an action for damages. They be a vital part in the process of proving causation, which is essential to any medical malpractice claim. It could be difficult for juries to determine whether your child's injuries result of the doctor'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 child's injuries. This can be done by many different ways like medical documents and expert witness testimony. Your lawyer will know where to find the best expert witnesses to assist in your case.

Your legal team will determine the defendants in the event of birth injuries to your child. They could include obstetricians, medical specialists for maternal-fetal medicine, nurses during labor and delivery, and other healthcare providers. They will then need to establish the appropriate standard of care, which is generally determined by current medical knowledge. This will involve a detailed review of the medical records of your child which can be complex.

Your attorney will also need to calculate your child's future needs for care. This can be quite complicated since it involves estimating costs for equipment and therapies, in-home caregivers, additional surgeries and procedures, and more. Your lawyer will collaborate with expert witnesses who will help you calculate the cost of these future expenses.

Statute of Limitations

The process of preparing a birth injury lawsuit requires careful investigation and the recourse to medical experts. It is crucial to select an attorney who has an extensive knowledge of the subject and who is able to construct a solid case.

The first step in a lawsuit is to establish that the defendant acted in breach of their duty of care. This involves review of medical records and depositions of the physicians involved. A lawyer can also employ medical experts to give an opinion on the doctors acted appropriately under the circumstances.

Medical negligence is the failure to adhere to a set of standards of care and knowledge. This applies to healthcare providers and doctors. professionals, but is especially specific for specialists like doctors of obstetrics with their extensive education and specialized knowledge. 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 file a malpractice claim on behalf of an injured child under New York law. However, minors aren't legally able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have an official file of a parent or guardian on their behalf. Medical malpractice claims are subject to statutory limitations on damages, including non-economic damages. This limit is typically set by the court, and is often based upon the number of similar cases in the state.

Getting Started

An experienced attorney is needed for obtaining the appropriate compensation and recognition for injuries a child has sustained due to medical negligence or malpractice at birth. A legal team that is competent will be able to analyze the numerous aspects that impact a birth injury settlement and how to argue them in court to ensure that you receive the highest amount of money.

The process begins with a complimentary consultation with your lawyer to establish an attorney-client relationship. Once this is established the lawyer will then investigate the case, which includes reviewing medical records and bringing in expert witnesses who can determine the standard of care that is accepted for the particular procedure.

Your lawyer will also negotiate and push the insurance companies of the defendants to agree on a fair amount for damages. If this fails the lawyer will file a lawsuit against the medical providers and present the case to a jury and judge.

If a verdict is made, your lawyer will draft the legal documents which will be used to calculate the amount of damages you and your child deserve. This includes the projected costs of any future medical treatment as well as loss of income and other economic damages. Your lawyer can also calculate the lifetime cost of care of your child's injuries. This is known as a life-care plan. This is often a significant part of the settlement awarded.