birth injury law firm Injury Settlement

A settlement for birth injuries can be used to pay for long-term therapies that will allow your child to have a more pleasant life. These treatments can include medication, home modifications and equipment like wheelchairs.

Medical malpractice trials are extremely rare, so many families choose to settle their cases. However, the amount of settlement can depend on several factors.

Damages

Birth injuries can impact all aspects of a child's existence, including their quality of life. Some patients may require medication to manage their symptoms, while others could require home modifications or birth injuries medical devices like wheelchairs. Parents may also need to quit their jobs to take care of their children, leading to a loss of income. A lawyer will assess a patient's estimated lifetime treatment costs and request enough compensation to cover the costs.

The severity and length of the injury may impact the value of the settlement. A person suffering from cerebral palsy will likely have a higher medical cost over the course of their life than someone suffering from Erb's Palsy or Shoulder Dystocia. Furthermore, some states put an upper limit on the amount of non-economic damages that can be awarded for pain and suffering that could reduce a settlement's value.

Both sides will collect evidence from witnesses and prepare evidence after a lawsuit is filed. Both sides will eventually meet to discuss possible solutions in settlement talks. If negotiations are unsuccessful, the case can proceed to trial where a judge and jury will hear arguments before deciding the verdict. Trials are generally more expensive and time-consuming than settlements. It is recommended to settle your case as soon as possible.

Expert Witnesses

Expert witnesses can provide crucial evidence in support of a claim for damages. They can also be essential in proving the causation of an injury resulting from medical malpractice which is a crucial aspect. Without expert testimony, it might be difficult for a jury to determine whether your child's injuries resulted from the doctor who was accused of violating established professional standards.

To establish causation, your lawyer must establish a link between the negligence and the child's injuries. This can be done through various methods such as medical documents and expert witness testimony. Your lawyer will be able to help you locate the best expert witness to aid your case.

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

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

Statute of limitations

A birth injury case requires careful research and the involvement of medical experts. It is important to select an attorney with an understanding of the subject and is skilled at constructing a solid case.

The first step is to establish that the defendant has breached his duty of care. This includes looking over medical records and deposing the doctors involved. An attorney will also engage medical experts to give an opinion on whether or not the doctors acted appropriately under the circumstances.

Medical negligence is the failure to adhere to a set of standards of care and competence. This standard applies to doctors and other healthcare professionals, but it is particularly rigorous for specialists like obstetricians with their extensive training and specialized knowledge. A legal case must also establish causation, which means that a medical mistake directly caused the child's injury.

Parents have two years to make a claim for malpractice on behalf of a child who has been injured under New York law. Minors are not able to sue themselves according to CPLR Sec. 1207.1. They must have the file of a parent/guardian on their behalf. Medical malpractice claims are subject to the statutory limitations on damages, which includes non-economic damages. This limit is typically set by the court, and is often based on the number of similar cases in the state.

Getting Started

Recognizing and obtaining compensation for injuries sustained by a child due to medical malpractice or negligence at birth requires the assistance of an experienced lawyer. The right legal team will know how to evaluate the numerous aspects that impact a birth injury law firm injuries settlement and how to argue for them in court to ensure that you receive the highest amount of financial compensation.

A no-cost consultation with an attorney is the first step to establish a relationship between you and your lawyer. Your lawyer will investigate the case by reviewing medical records and calling in expert witnesses to define the accepted standard for the applicable procedure.

Your lawyer will also work with insurance companies of the defendants and force them to agree for an appropriate amount of damages. If this doesn't work your lawyer will file a lawsuit against the medical professionals and bring the case to trial before a jury and judge.

Your lawyer will create the necessary documents to calculate the amount of damages you and your child are entitled to. This includes the estimated costs of any future medical treatment 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 known as a life-care plan. This is usually a major part of the settlement awarded.