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Birth Injury Settlement

A settlement from a birth injury may be used to fund long-term treatments that allows your child to live an easier life. The treatments include medications along with home modifications and equipment like wheelchairs.

birth injury lawyer are extremely rare which is why many families opt to settle their cases. The amount of a settlement depends on several factors.

Damages

A birth injury can affect all aspects of a child's life, including their quality of life. Some patients may require medication to manage their ailments, while others may require modifications to their homes or medical devices such as wheelchairs. Parents may also need to quit their jobs to take care of their children, resulting in a loss of income. A lawyer will calculate the estimated lifetime treatment costs and request enough compensation to cover the costs.

The value of a settlement also depends on the severity and duration of the injury. A person with cerebral palsy is likely to incur more medical expenses throughout their life than a person with Erb’s Palsy or Shoulder Dystocia. Additionally, certain states impose limits on the amount of non-economic damages that can be awarded for suffering and pain and this could decrease the value of a settlement.

If the lawsuit is filed, lawyers for both sides will create evidence and collect evidence from witnesses to back their accusations of negligence. At some point both sides will meet to discuss possible resolutions through settlement negotiations. If negotiations do not succeed, the case can be brought to trial. A jury and judge will hear arguments and then make a decision. However, trials are usually more costly and time-consuming settlements. It is recommended to settle your case as soon as possible.

Expert Witnesses

Expert witnesses can be a valuable aid in defending any claim for damages. They also play an important role in proving causation, which is a necessary element of any medical malpractice case. Without expert testimony, it might be difficult for a jury to determine if your child's injuries resulted from the doctor who was accused of violating the accepted professional guidelines.

Your attorney will have to establish a link between negligence and the harms suffered by your child to establish the causation. This can be accomplished by various methods including medical records and expert witness testimony. Your lawyer will know how to find the most qualified experts to testify in your case.

Your legal team will determine the defendants involved in your child's birth injury lawsuit. They may include obstetricians, maternal-fetal medicine experts, nurses during the delivery and other healthcare providers. Then, they will need to determine the standard of care that is usually determined by medical knowledge. This will require a thorough review of your child's medical records that can be quite complex.

Your attorney will also need to calculate your child's future care needs. It isn't easy to estimate the costs of therapies and equipment caregivers at home, additional procedures and surgeries, and much more. Your lawyer will collaborate with expert witnesses who will aid in accurately calculating these future expenses.

Statute of Limitations

A birth injury case requires careful investigation and the involvement of medical experts. It is essential to select a lawyer with an understanding of the subject matter and who knows how to build an effective case.

The first step is to establish that the defendant violated his duty of care. This is done by reviewing medical records and taking depositions of the physicians involved. Attorneys can also seek medical experts to provide an opinion on whether the doctors acted in a proper manner under the circumstances.

Medical negligence is the inability to follow a certain standard of care and expertise. This standard applies to doctors and other health professionals but is particularly difficult for obstetricians, such as those who have extensive training and specialized 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 suit on behalf of their child who has suffered injury. Minors are not able to sue themselves according to CPLR Sec. 1207.1. They must have an official file of a parent or guardian on their behalf. Medical malpractice claims must conform to the statutory limits on damages, which includes non-economic damages. This limit is usually set by the court and is usually determined by the number of similar cases in the state.

Getting Started

Receiving the proper recognition and compensation for injuries sustained by a child due to medical malpractice or negligence during birth requires the assistance of a seasoned attorney. The right legal team 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 free consultation with your lawyer to establish an attorney-client relationship. Once that happens your lawyer will begin investigating the case, including looking over medical records and calling experts to determine the accepted standard of care for the specific procedure.

Your lawyer can be negotiating and pushing the insurance companies of the defendants on a fair amount for damages. If this doesn't work your lawyer will file a lawsuit against the medical providers and bring the case before the judge and jury.





Your lawyer will prepare the necessary documents to calculate the damages that you and your child are entitled to. This includes the anticipated costs of future medical treatments or loss of income, as well as other economic damages. Your lawyer can also outline the lifetime costs of care for your child's injuries. This process is known as life-care planning. This is often a significant part of the settlement awarded.