birth injury attorney Injury Settlement

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

Medical malpractice trials are very rare and therefore many families decide to settle their cases. The amount of settlement is contingent on a variety of factors.

Damages

Birth injuries can impact the entire child's life, including the quality of living. Certain patients may require medication to treat their ailments, while others may require home modifications or medical devices such as wheelchairs. Parents may also need to quit their jobs to take care of their children, which could result in losing income. A lawyer will estimate the cost of treatment for a patient's entire life and then seek compensation to pay for the cost.

The value of a settlement also depends on the severity and length of the injury. For instance, a patient with cerebral palsy is more likely to have a greater lifetime medical cost than a patient suffering from Erb's Palsy or shoulder dystocia which are less serious injuries. Certain states restrict the amount of non-economic damages for pain, suffering and other emotional distress, which could lower a settlement value.

When a lawsuit is filed, lawyers from both sides will create evidence and collect information from witnesses to prove their claims of negligence. Both sides will eventually meet to discuss solutions that could be reached through settlement discussions. If negotiations fail then the case can go to trial where the jury and judge will hear arguments before deciding the verdict. Trials are usually more expensive and time-consuming than settlements. Therefore, it is best to settle as quickly as you can.

Expert Witnesses

Expert witnesses can provide valuable evidence to support any claim for damages. They also play an important role in showing causation, which is essential to any medical malpractice claim. It may be difficult for jurors to determine if your child's injuries result of a doctor's deviation from professional standards without expert testimony.

Your attorney will have to establish the connection between negligence and the injuries of your child to establish the causation. This can be done through a variety means such as medical records and expert witness testimony. Your lawyer will be able to help you find the best expert witness to assist your case.

Your legal team will identify the defendants involved in your child's birth injury lawsuit. They can include obstetricians and maternal-fetal medicine experts, nurses during birth and other healthcare professionals. They must then establish the right standard of care, which is typically determined by the current medical knowledge. This will require a thorough review of your child's medical records which can be a bit complicated.

Your attorney will also have to estimate your child's future care needs. This can be complicated, since it involves estimating costs for equipment and therapies and caregivers at home, as well as additional surgeries and procedures and much more. Your lawyer will collaborate with experts and witnesses to accurately estimate future expenses.

Statute of limitations

The process of preparing a birth injury lawsuit requires careful research and recourse to medical experts. It is essential to select an attorney with an in-depth understanding of the subject and who knows how to build a solid case.

The first step in a lawsuit is establishing that the defendant acted in breach of their duty of care. This includes review of medical records and appointing the doctors involved. A lawyer will also engage medical experts to provide an opinion about whether the doctors acted in a proper manner under the circumstances.

Medical negligence is defined as a non-observance of an expected level of care and proficiency. This is applicable to doctors and other healthcare professionals, but it's particularly rigorous for specialists like obsetricians, who have a vast education and expertise. A legal claim must also 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 suit on behalf of a child who has suffered injury. 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 also conform to the legal limits for damages, which includes noneconomic damages. The limit is usually determined by the court and is typically dependent on the number of similar cases in the state.

Getting Started

Recognizing and obtaining compensation for injuries suffered by a child due to medical malpractice or negligence during birth requires the help of an experienced lawyer. The right legal team knows how to evaluate the many factors that affect the settlement for a birth injury attorneys injury and how to present these in court to obtain the highest amount of money.

The procedure begins with a free consultation with your lawyer to establish an attorney-client relationship. After that your lawyer will conduct an investigation into the case, which includes reviewing medical records and calling experts who can determine the accepted standard of care for the procedure in question.

Your lawyer can also negotiate and push insurance companies of the defendants to agree on a fair amount of damages. If this fails then your lawyer will file a suit against the medical practitioners to bring the case before a judge and jury.

Your lawyer will prepare the documents required to calculate the damages that you and your child are entitled to. This includes the projected costs of medical treatment in the future as well as loss of income and other economic damages. Your 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 life-care plan. This is often a significant component of the settlement you receive.