What Is The Reason Birth Injury Lawyer Is Right For You

Author : Campos Taylor | Published On : 14 May 2024

Birth Injury Settlement

A settlement from a birth injury may pay for long-term treatment that will allow your child to lead a more comfortable lifestyle. These treatments may include medications along with home modifications and equipment like wheelchairs.

Many families settle their cases because medical malpractice trials are rare. However, the amount of a settlement can depend on several aspects.


A birth injury can affect every aspect of a child's life, including their quality of life. For example, some patients require medication to manage their symptoms and others require modifications to their homes or medical equipment like wheelchairs. In addition, parents may need to quit their jobs to care for their children, which can result in the loss of income. A lawyer will estimate the patient's lifetime costs for treatment and then seek compensation to cover the cost.

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

Both sides will gather evidence from witnesses and prepare evidence after a lawsuit is filed. The parties will eventually meet to discuss possible solutions in settlement talks. If negotiations do not succeed, the case can be heard in court. A jury and judge will listen to arguments and decide. Trials can be more costly and take longer than settlements. Therefore, it is best to settle as soon as you can.

Expert Witnesses

Expert witnesses can be an invaluable aid in defending a claim for damages. They can also play a crucial role in showing causation, which is an essential element of any medical malpractice case. It could be difficult for jurors to determine if your child's injuries are the result of a doctor's deviation from the accepted standards of professional practice without the assistance of an expert.

To establish causation, your lawyer must establish a connection between the negligence and your child's injuries. This can be done through several methods including medical records, as well as expert testimony. Your lawyer will know how to locate the most qualified experts to aid in your case.

Your legal team will determine the defendants in your child's birth injury lawsuit. These can include obstetricians, maternal-fetal medicine specialists nurses during the labor and birth process, and other healthcare providers. Then, they will need to determine the level of care which is usually determined by medical knowledge. This requires a thorough review of the medical records of your child, which can be complex.

Your attorney will also have to estimate your child's requirements for care. It isn't easy to estimate the cost of therapies and equipment caregivers at home additional surgeries and procedures and many more. Your lawyer will work with expert witnesses to assist in calculating the cost of these future expenses.

Statute of Limitations

Building a birth injury case requires careful investigation and the recourse to medical experts. It is crucial to select a lawyer with an extensive knowledge of the subject and who is skilled at constructing an effective case.

The first step is to prove that the defendant has breached his duty of care. This is done by review of medical records and depositions of the physicians involved. A lawyer can also employ medical experts to provide an opinion as to whether the doctors were acting in the right way in the circumstances.

Medical negligence is the inability to adhere to a standard of care and competence. This applies to doctors and other health professionals however it is more strict for specialists such as obstetricians who have extensive training and specialized knowledge. A legal claim must also prove causation. This means that a medical error directly caused the child's injury.

Parents have two years to make a claim for malpractice on behalf of a child who is injured under New York law. However, minors are not permitted to file a claim themselves under CPLR Sec. 1207.1. They must have a parent or guardian file on their behalf. Medical malpractice claims must also be in compliance with the law regarding damages, including noneconomic damages. This limit is typically set by the court and is usually determined by the number of similar cases in the state.

Getting Started

birth injury attorneys is necessary to secure the right amount of compensation and acknowledgement for the injuries a child has suffered because of medical negligence or malpractice during birth. A legal team that is competent will know how to review the numerous aspects that influence a birth injury settlement and how to argue them in court to ensure that you get the maximum amount of financial compensation.

The process begins with a complimentary consultation with your lawyer to establish an attorney-client relationship. Your lawyer will investigate the matter by looking over medical records and calling in experts to determine the accepted standard for the relevant procedure.

Your lawyer will also negotiate with insurance companies of the defendants and press them to settle for an appropriate amount of damages. If this doesn't work, your attorney will bring a suit against the medical providers to present the case in front of the judge and jury.

If a verdict is made, your lawyer will draft the documents which will be used to calculate the amount of damages you and your child are entitled to. This includes the projected cost of future medical treatment and 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 strategy. This usually is a large part of the settlement.