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Birth Injury Settlement

A birth injury settlement can pay for long-term treatments that allow your child to lead a more comfortable and healthy life. These treatments could include home modifications, medication and equipment like wheelchairs.

Many families settle their cases because medical malpractice trials are rare. The amount of a settlement depends on several factors.

Damages

A birth injury can affect the entirety of a child's life, including their quality of life. For example, some patients need medication to manage symptoms and others require home modifications or medical equipment like wheelchairs. Parents may also need to quit their jobs to take care of their children, which can result in losing income. A lawyer will determine the estimated lifetime treatment costs and request enough compensation to cover the costs.

The severity and length of the injury could affect the value of the settlement. A person with cerebral palsy is likely to have greater medical expenses over the course of their life than those suffering from Erb’s Palsy or Shoulder Dystocia. Certain states limit the amount of noneconomic damages for pain, suffering and emotional distress, which can reduce the value of a settlement.

If a lawsuit is filed, attorneys for both sides will prepare evidence and gather information from witnesses to support their allegations of negligence. In the end the parties will meet to discuss possible solutions through settlement talks. If negotiations are unsuccessful the case will go to trial where the jury and judge will hear arguments before deciding an opinion. However, trials tend to be more costly and time-consuming than settlements. It is recommended to settle your case as quickly as you can.

Expert Witnesses

Expert witnesses can be an invaluable aid in defending an action for damages. They also play a crucial role in proving causation, which is a necessary element of any medical malpractice claim. Without an expert witness, it could be difficult for a jury to determine if the injuries suffered by your child resulted from the doctor's deviance from established professional standards.

Your attorney must establish the connection between negligence and the harms suffered by your child to prove the causation. This can be done through a variety means, such as medical documents and expert witness testimony. Your lawyer will be able help you locate the best expert witness for your case.

Your legal team will identify the defendants involved in the case of your child's birth injuries. They may include obstetricians medical specialists for maternal-fetal medicine nurses during labor and delivery, and other healthcare professionals. They'll then have to establish the right standards of care, which is generally determined by current medical knowledge. This will require a detailed review and analysis of your child's records which could be quite complex.

Your attorney will have to calculate the future care needs of your child. This can be quite complicated because it involves estimating the costs for equipment and therapies and caregivers at home, as well as additional surgeries and procedures, and more. Your lawyer will collaborate with experts to accurately calculate future expenses.

Statute of limitations

A birth injury case requires careful research and the involvement of medical experts. It is essential to select a lawyer who has a deep knowledge of the subject matter and who understands how to build a strong case.

The first step in a lawsuit is establishing that the defendant has violated their duty of care. This involves the review of medical records as well as taking depositions of the physicians involved. A lawyer will also engage medical experts to give an opinion on whether the doctors were acting appropriately in the circumstances.

Medical negligence is defined as the non-observance of an expected level of care and proficiency. This is applicable to doctors and other health professionals but is particularly difficult for obstetricians, such as those who have a vast amount of training and expertise. A legal claim must also prove causation. This means that a medical error directly caused the injury to the child.

New York law gives parents two years to file a malpractice suit on behalf of a child who has been injured. Minors cannot sue themselves pursuant to CPLR Sec. 1207.1. They must have the file of a parent/guardian on their behalf. Medical malpractice claims must comply with statutory limits on damages, including non-economic damages. This limit is typically set by the court and is usually based on the number of similar claims in the state.

Getting Started

Recognizing and obtaining compensation for a child's injuries caused by medical malpractice or negligence at birth requires the help of a seasoned lawyer. A legal team that is knowledgeable knows how to evaluate the many elements that influence the settlement for a birth injury and how to argue for these in court to ensure you receive the most money-based settlement.

The procedure begins with a no-cost consultation with your lawyer to establish an attorney-client relationship. After that, your lawyer will investigate the case, including reviewing medical records and bringing expert witnesses to define the accepted standards of care for the particular procedure.





Your lawyer will also work with defendants' insurance companies and press them to settle for a fair amount of damages. If this fails then your lawyer will bring a suit against the medical professionals to bring the case before the judge and jury.

birth injury attorneys will prepare the documents necessary to calculate the damages you and your child are entitled to. This includes the projected cost of future medical treatments as well as the loss of income and other economic damages. Your lawyer may also calculate the lifetime cost of care of your child's injuries. This is referred to as a life-care plan. This is usually a large part of the settlement awarded.