10 Birth Injury Lawyer Tips All Experts Recommend

Author : Leon Bentley | Published On : 16 May 2024

Birth Injury Settlement

A settlement for a birth injury can be used to pay for long-term therapies that help your child live a more comfortable life. These treatments could include medication as well as home modifications, and equipment such as wheelchairs.

Many families settle their cases since medical malpractice lawsuits are not common. But the amount of a settlement may depend on a variety of factors.


A birth injury can impact all aspects of a child's existence, including their standard of living. Some patients may need medication to manage their symptoms, while others could require home modifications or medical devices such as wheelchairs. Parents might also need to quit their jobs to take care of their children, resulting in an income loss. birth injury lawyers will estimate the patient's lifetime costs for treatment, and then seek compensation to pay for these costs.

The severity and length of the injury will also impact the value of the settlement. Patients with cerebral palsy may have more medical expenses over the course of their life than someone suffering from Erb’s Palsy or Shoulder Dystocia. Certain states restrict the amount of non-economic damages for suffering, pain and emotional distress, which may lower a settlement value.

Both sides will collect evidence from witnesses and create evidence once a lawsuit is filed. Eventually the two sides will meet to discuss possible solutions through settlement negotiations. If negotiations are unsuccessful the case will go to trial, where jurors and judges will hear arguments before deciding an opinion. Trials can be more costly and time-consuming than settlements. Therefore, it is advisable to settle as soon as you can.

Expert Witnesses

Expert witnesses can be an invaluable source of evidence when defending any claim for damages. They can also play a critical role in proving causation, which can be a necessary element of any medical malpractice case. It may be difficult for jurors to decide if your child's injuries result of the 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 by different methods such as medical documents and expert witness testimony. Your lawyer will know how to find the most qualified expert witnesses to assist in your case.

Your legal team will determine the defendants involved in the case of your child's birth injuries. They may include obstetricians, maternal-fetal medicine experts, nurses during delivery and other healthcare professionals. They must then establish the appropriate standard of care, which is generally determined by the current medical knowledge. This will require a thorough review and examination of your child's medical records which could be very complex.

Your attorney will also have to estimate your child's needs for care. It is difficult to estimate the costs of therapies and equipment caregivers at home further surgeries and procedures, and much more. Your lawyer will work closely with experts and witnesses to accurately calculate future expenses.

Statute of limitations

A birth injury case requires careful research and the involvement of medical experts. It is essential to choose a lawyer who has a thorough understanding of the matter and knows how to construct a strong case.

The first step in a lawsuit is establishing that the defendant has violated their duty of care. This involves looking over medical records and deposing the doctors involved. Attorneys will also consult medical experts to provide an opinion about whether the doctors acted appropriately in the circumstances.

Medical negligence is the inability to adhere to a set of standards of care and competence. This applies to doctors and other health professionals but is particularly rigorous for specialists like obstetricians who have a vast amount of 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. Minors are not able to sue themselves according to CPLR Sec. 1207.1. They must have a record for them by a parent or guardian. Medical malpractice claims are also subject to statutory limitations on damages, which include non-economic damages. This limit is typically set by the court and is usually 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 suffered due to medical negligence or malpractice during birth. A legal team that is knowledgeable knows how to evaluate the numerous factors that impact a birth injury settlement, and how to present these in court to secure the most money-based settlement.

A no-cost consultation with an attorney is the initial step to establish a relationship between you and your lawyer. Your lawyer will then conduct an investigation into the matter by looking over medical records and contacting experts to determine the accepted standard for the relevant procedure.

Your lawyer will be negotiating and pushing the insurance companies of the defendants to agree on a fair amount for damages. If this doesn't work, your attorney will bring a suit against the medical practitioners to present the case to an audience and a judge.

If a decision is reached, your lawyer will draft the documents which will be used to calculate the damages you and your child are entitled to. This includes the anticipated cost of future medical treatment as well as the loss of income and other economic damages. Your lawyer can also estimate the costs over the life of your child's care for your child's injuries. This process is known as life-care planning. This can be a significant part of the settlement award.