What Birth Injury Lawyer Will Be Your Next Big Obsession

birth injury law firm Injury Settlement

A settlement for birth injuries can be used to pay for long-term therapies that help your child live a better life. The treatments include medications along with home modifications and equipment like wheelchairs.

Many families settle their cases since medical malpractice lawsuits are rare. However, the amount of settlement will depend on many aspects.

Damages

Birth injuries can impact all aspects of a child's life, including their quality of living. For example, some patients require medication to manage their symptoms and others require home modifications or medical equipment, such as wheelchairs. Parents may also need to quit their jobs to take care of their children, leading to the loss of income. A lawyer will determine a patient's estimated lifetime costs for treatment and seek enough compensation to pay for those costs.

The value of a settlement also is contingent on the severity and duration of the injury. For instance, Birth Injuries a person 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 injuries that are less severe. Certain states limit the amount of noneconomic damages for pain, suffering and other emotional distress. This can reduce the value of a settlement.

When a lawsuit is filed, attorneys for both sides will prepare evidence and gather evidence from witnesses to back their accusations of negligence. The parties will eventually meet to discuss possible solutions through settlement negotiations. If negotiations fail, the matter could be brought to trial. A jury and judge will hear arguments and render a verdict. Trials can be more costly and take longer than settlements. It is best to settle your case as soon as possible.

Expert Witnesses

Expert witnesses can provide important evidence in support of any claim for damages. They can also be vital in proving the causation of an injury resulting from medical malpractice, which is an essential aspect. Without expert testimony, it could be difficult for jurors to determine whether the injuries suffered by your child were caused by the doctor's deviance from accepted professional practices.

To establish causation, your lawyer will need to establish a connection between the negligence and your child's injuries. This can be accomplished through many different ways including medical records and expert witness testimony. Your lawyer will be able help you locate the best expert witness to aid your case.

Your legal team will identify all defendants in the case of birth injuries to your child. These can include obstetricians, maternal-fetal medicine specialists, nurses during labor and delivery, as well as other healthcare professionals. Then, they will need to determine the standard of care, which is typically defined by medical expertise. This will involve a detailed review of your child's medical records which can be a bit complicated.

Your attorney will also have to estimate your child's needs for care. It can be difficult to estimate the cost of therapies, equipment, caregivers at home, additional procedures and surgeries, and much more. Your lawyer will collaborate with expert witnesses to precisely calculate future expenses.

Statute of Limitations

A birth injury case requires careful investigation and the involvement of medical experts. It is essential to choose an attorney with a profound understanding of the matter and understands how to construct a strong case.

The first step is to prove that the defendant has violated his duty of care. This is done by review of medical records and appointing the doctors involved. Lawyers will also employ medical experts to give an opinion on the doctors acted properly in the circumstances.

Medical negligence is defined as the inability to meet the standard of care and competence. This applies to doctors and other health professionals however, it is more strict for specialists such as obstetricians who are highly trained and have specialized expertise. A legal claim must establish the causation. 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 their child who has suffered injury. However, minors are not allowed to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a parent or guardian file on their behalf. Medical malpractice claims are also subject to the statutory limitations on damages, which includes non-economic damages. This limit is typically set by the court, and is usually based on the number of similar cases in the state.

Getting Started

A skilled attorney is required to get adequate compensation and birth injuries recognition for the injuries a child has sustained due to medical negligence or malpractice in the course of birth. A legal team that is knowledgeable knows how to analyze the various factors that impact a birth injury settlement, and how to argue for these in court to get you the most money-based settlement.

A complimentary consultation with an attorney is the initial step to establish a relationship between you and your lawyer. Once that happens, your lawyer will investigate the case, which includes reviewing medical records and calling expert witnesses to define the accepted standards of care for the specific procedure.

Your lawyer can be negotiating and pushing the insurance companies of the defendants on a fair amount of damages. If this fails, your attorney will file a suit against the medical practitioners to bring the case before a judge and jury.

Your lawyer will prepare the necessary documents to calculate the damages that you and your child are entitled to. This includes the anticipated cost of future medical procedures as well as loss of income and other economic damages. Your lawyer can also outline the life-long costs of care for your child's injuries. This process is known as life-care planning. This is typically a major part of the settlement.