Birth Injury Settlement
A settlement for
birth injuries (
extra resources) can provide long-term treatment options that help your child live a better life. These treatments can include home modifications, medication, and equipment such as wheelchairs.
Many families settle their cases due to the fact that medical malpractice cases aren't very common. However, the amount of settlement can depend on several factors.
Damages
A birth injury can affect all aspects of the child's life, including the quality of living. For instance, some patients require medication to manage their symptoms and others require home modifications or medical equipment, such as wheelchairs. In addition, parents may have to leave their jobs to care for their children, leading to losing income. A lawyer will calculate the estimated lifetime costs for treatment and seek enough compensation to cover those expenses.
The severity and length of the injury could influence the value of the settlement. A person suffering from cerebral palsy is likely to have more medical expenses throughout their life than a person with Erb's Palsy or Shoulder Dystocia. Certain states limit the amount of noneconomic damages for suffering, pain and emotional distress, which can reduce the value of a settlement.
Both sides will collect evidence from witnesses and create evidence once a lawsuit has been filed. Then, both sides will meet to discuss potential resolutions through settlement talks. If negotiations fail, the matter could be brought to trial. A judge and jury will hear arguments and decide. Trials tend to be more expensive and take longer than settlements. Therefore, it is advisable to settle as soon as you can.
Expert Witnesses
Expert witnesses can provide valuable evidence to support an action for damages. They can also be essential in proving that the cause of the medical malpractice claim and is a vital element. It can be difficult for juries to determine whether your child's injuries are the result of the defendant doctor's deviation from professional standards without the assistance of an expert.
To prove causation, your attorney must establish a connection between the negligence and the child's injuries. This can be done by several methods that include medical records and expert testimony. Your lawyer can help you find the most qualified expert witnesses to assist in your case.
Your legal team will determine each defendant in the event of birth injury to your child. They could include obstetricians, maternal-fetal medicine specialists nurses during labor and delivery, as well as other healthcare professionals. Then, they'll need to determine the standard of care, which is typically determined by medical knowledge. This will require a thorough review of the medical records of your child that can be quite complex.
Your attorney will also have to calculate your child's future care needs. It is difficult to estimate the cost of therapies, equipment caregivers at home, additional surgeries and procedures and much more. Your lawyer will work closely with expert witnesses to accurately calculate future expenses.
Statute of Limitations
A birth injury case requires careful investigation and the involvement of medical experts. It is crucial to select a lawyer with an extensive knowledge of the subject and who is skilled at constructing a solid case.
The first step is to establish that the defendant violated his duty of care. This involves reviewing medical records and taking depositions of the doctors involved. An attorney will also engage medical experts to provide an opinion as to whether the doctors acted appropriately under the circumstances.
Medical negligence is the inability to adhere to a standard of care and competence. This applies to doctors and other health professionals, but it is especially demanding for specialists such as obstetricians who are highly trained and have specialized knowledge. A legal case must also establish causation, which is that a medical mistake 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 been injured. However, minors are not allowed to file a lawsuit themselves under CPLR Sec. 1207.1. They must have the file of a parent/guardian on their behalf. Medical malpractice claims must also be in compliance with the law regarding damages, which includes noneconomic damages. The limit is usually determined by the court and is often based on the number of similar claims in the state.
Getting Started
An experienced lawyer is essential to get adequate compensation and recognition of the injuries a child has sustained because of medical negligence or malpractice at birth. A competent legal team will be able to analyze the numerous factors that impact a birth injury settlement and how to present them in court to ensure that you receive the highest financial compensation.
The process begins with a complimentary consultation with your lawyer to establish an attorney-client relationship. Your lawyer will then conduct an investigation into the case by examining medical records and contacting experts to establish the accepted standard for the relevant procedure.
Your lawyer will also negotiate and push the insurance companies of the defendants on a fair amount for damages. If that doesn't work, your lawyer will make a claim against the medical providers and take the case to trial before a jury and judge.
Your lawyer will prepare the documents needed to calculate the damages you and your child are entitled to. This includes the anticipated costs of any future medical treatment as well as loss of income and other economic damages. Your lawyer can also estimate the life-long costs of care for your child's injuries, a process called life-care planning. This usually is a large part of the settlement.