Why Birth Injury Lawyer Is Harder Than You Think

Author : Currie Terkildsen | Published On : 16 May 2024

Birth Injury Settlement

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

Medical malpractice trials are very rare and therefore many families decide to settle their cases. The amount of settlement depends on several factors.


Birth injuries can affect all aspects of a child's life, including their quality of living. For instance, some children need medication to manage symptoms and others require modifications to their homes or medical equipment such as wheelchairs. Parents may also need to quit their jobs to take care of their children, resulting in an income loss. A lawyer will estimate the cost of treatment for a lifetime and then seek compensation to pay for the costs.

The severity and duration of the injury may affect the value of the settlement. For instance, a patient with cerebral palsy is more likely to have a higher lifetime medical expense than someone with Erb's Palsy or shoulder dystocia which are injuries that are less severe. Some states restrict the amount of non-economic damages for pain, suffering and other emotional distress. This can lower a settlement value.

Both sides will collect evidence from witnesses and prepare evidence after a lawsuit is filed. Then the parties will meet to discuss possible solutions through settlement talks. If negotiations are unsuccessful, the case can proceed to trial, where the jury and a judge will hear arguments and then issue the verdict. However, trials are usually more expensive and lengthy than settlements. Therefore, it is recommended to settle as quickly as you can.

Expert Witnesses

Expert witnesses can be valuable evidence to support a claim for damages. They are also crucial in proving the causation of an injury resulting from medical malpractice and is a vital aspect. It could be difficult for jurors to decide if your child's injuries are the result of a doctor's infraction to accepted professional practices without the assistance of an expert.

To establish causation, your lawyer will need to establish a connection between the negligence and the injury suffered by your child. This can be done through a variety of means that include medical records and expert testimony. Your lawyer will be able to help you locate the best expert witness to assist your case.

Your legal team will identify each defendant in the event of birth injury to your child. They may include obstetricians, maternal-fetal medicine experts, nurses during delivery and other healthcare providers. They'll then have to establish the proper standards of medical care, which is usually established by the existing medical knowledge. This will require a detailed review and review of your child's health records which could be very complex.

Your attorney will need to determine the future needs of your child. This can be a bit complicated because it involves estimating the cost for equipment and therapies as well as in-home caregivers, further procedures and surgeries and more. Your lawyer will work closely with expert witnesses to precisely calculate future expenses.

Statute of limitations

The process of constructing a birth injury claim requires careful research and recourse to medical experts. It is essential to select an attorney who has a thorough understanding of the subject, and who knows how to create an effective case.

The first step in a lawsuit is establishing that the defendant breached their duty of care. This requires the review of medical records as well as taking depositions of the doctors involved. Lawyers will also employ medical experts to give an opinion on the doctors acted properly under the circumstances.

Medical negligence is the inability to adhere to a set of standards of care and knowledge. This applies to doctors and other health professionals however, it is more rigorous for specialists like obstetricians who have extensive training and expertise. A legal claim also must establish 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 lawsuit on behalf of a child who has been injured. However, minors aren't able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a medical file for them by a parent or guardian. Medical malpractice claims must also be in compliance with the law regarding damages, which includes non-economic damages. This limit is typically set by the court and is usually dependent on the number of similar cases in the state.

Getting Started

Recognizing and obtaining compensation for a child's injuries caused by medical negligence or negligence during birth requires the help of an experienced attorney. birth injury attorneys that is knowledgeable knows how to analyze the various elements that influence the settlement of a birth injury, and how to present these in court to get you the maximum financial award.

The procedure begins with a free consultation with your lawyer to establish an attorney-client relationship. The lawyer will then look into the matter by looking over medical records and contacting experts to establish the accepted standard for the pertinent procedure.

Your lawyer can be negotiating and pushing the insurance companies of the defendants to settle on a fair amount for damages. If this fails the lawyer will bring a lawsuit against the medical providers and take the case to trial before a jury and a judge.

If a decision is reached Your lawyer will draft the legal documents which will be used to calculate the damages you and your child deserve. This will include the projected costs of future medical treatments or loss of income, as well as other economic damages. Your lawyer can also estimate the lifetime cost of care of your child's injuries. This is known as a life-care plan. This can be a significant part of the settlement awarded.