birth injury law firms Injury Settlement

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

Medical malpractice trials are extremely rare and therefore many families decide to settle their cases. But the amount of a settlement may depend on a variety of factors.

Damages

Birth injuries can impact the entirety of a child's existence, including their quality of life. For instance, some people require medication to treat their symptoms and others require modifications to their homes or medical equipment like wheelchairs. Parents may also have to leave their jobs to take care of their children, which could result in an income loss. A lawyer will estimate the estimated cost of treatment over the course of their life and then seek enough compensation to cover those expenses.

The amount of a settlement depends on the severity and length of the injury. For instance, a patient with cerebral palsy is likely to suffer a higher life-time medical expenses than a person suffering from Erb's Palsy or shoulder dystocia, which are injuries that are less severe. Certain states restrict the amount of non-economic damages for pain, suffering and other emotional distress, which may lower a settlement value.

If an action is filed, attorneys for both sides will prepare evidence and gather information from witnesses to support their claims of negligence. The parties will eventually meet to discuss possible solutions via settlement discussions. If negotiations are unsuccessful the case will go to trial where the jury and a judge will hear arguments before deciding an opinion. Trials tend to be more expensive and long-lasting than settlements. Therefore, it's best to settle as quickly as you can.

Expert Witnesses

Expert witnesses can be a valuable resource in proving the claim for damages. They can also be vital in proving the causality of the medical malpractice claim and is a vital element. Without expert testimony, it might be difficult for jurors to determine whether the injuries suffered by your child were the result of the doctor's deviance from accepted professional practices.

To prove causation, your attorney will need to establish a link between the negligence of your child and the injuries. This can be done by a variety of means including medical records, as well as expert testimony. Your lawyer will know how to locate the most qualified expert witnesses to assist in your case.

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

Your attorney will need to determine the needs for future care of your child. This can be difficult, because it involves estimating the cost for equipment and therapies, in-home caregivers, additional surgeries and procedures and more. Your lawyer will work with expert witnesses to assist in calculating the future costs.

Statute of limitations

The process of preparing a birth injury lawsuit requires careful research and the use of medical experts. It is important to choose a lawyer who has a deep knowledge of the subject matter and knows how to construct a convincing case.

The first step is to prove that the defendant has breached his duty of care. This involves reviewing medical records and taking depositions of the physicians involved. Lawyers will also employ medical experts to provide an opinion as to whether the doctors acted properly in the circumstances.

Medical negligence is the failure to adhere to a standard of care and competence. This applies to doctors and other healthcare professionals, but it's especially rigorous for specialists like obstetricians with their extensive training and specialized knowledge. A legal claim must establish the cause. This means that the medical error directly caused the injury to the child.

New York law gives parents two years to file a malpractice lawsuit on behalf of a child who has been injured. Minors cannot sue themselves according to CPLR Sec. 1207.1. They must have the file of a parent/guardian on their behalf. Medical malpractice cases are also subject to statutory limitations on damages, which include non-economic damages. The limit is usually determined by the court and is often based on the number of similar cases in the state.

Getting Started

A skilled attorney is required to get adequate compensation and recognition for the injuries that a child may have suffered due to medical negligence or malpractice at birth. The right legal team will know how to evaluate the numerous factors that influence a birth injury settlement and how to argue for them in court so that you get the maximum amount of money.

The procedure begins with a free consultation with your lawyer to establish an attorney-client relationship. Once that is done your lawyer will begin investigating the case, including looking over medical records and bringing experts to determine the accepted standard of care for the specific procedure.

Your lawyer will be negotiating and pushing the insurance companies of the defendants to agree on a fair amount of damages. If that doesn't work your lawyer will bring a lawsuit against the medical providers and take the case to trial before a jury and judge.

When a ruling is reached after a verdict is reached, your lawyer will draft the documents that will be used to calculate the damages you and your child deserve. This includes the anticipated cost of future medical treatments and loss of income and other economic damages. The lawyer can also estimate the cost of care for your child over the course of his life of your child's injuries. This is referred to as a life-care strategy. This is usually a major portion of the settlement that is awarded.