Birth Injury Settlement

A settlement for birth injuries can pay for long-term treatments that help your child live a more comfortable life. These treatments can include medications as well as home modifications, and equipment like wheelchairs.

Many families settle their claims because medical malpractice cases aren't very common. The amount of settlement depends on a number of factors.

Damages

Birth injuries can impact the entirety of a child's life, including their quality of life. Some patients may require medication to manage their symptoms, while others could require modifications to their homes or medical devices such as wheelchairs. In addition, parents may need to quit their jobs to care for their children, leading to an income loss. A lawyer will estimate the cost of treatment for a patient's entire life and then seek compensation to cover the costs.

The severity and length of the injury may affect the value of the settlement. A person suffering from cerebral palsy may have more medical expenses throughout their life than a person with Erb’s Palsy or Shoulder Dystocia. Additionally, some states have limits on the amount of non-economic damages to pain and suffering and this could decrease the value of a settlement.

If the lawsuit is filed, attorneys for both sides will prepare evidence and gather information from witnesses to prove their claims of negligence. In the end the two sides will meet to discuss possible resolutions via settlement negotiations. If negotiations fail the case will go to trial, where a judge and jury will hear arguments and issue the verdict. However, trials are typically more costly and time-consuming settlements. Therefore, it is recommended to settle as soon as you can.

Expert Witnesses

Expert witnesses can provide valuable evidence in support of a claim for damages. They be a vital part in proving causation, which can be an essential element of any medical malpractice claim. Without expert testimony, it might be difficult for jurors to determine whether your child's injuries were caused by the doctor's deviance from established professional standards.

To prove causation, your attorney will need to establish a link between the negligence of your child and the injuries. This can be done through several methods including medical records, as well as expert testimony. Your lawyer will know how to find the most qualified experts to help in your case.

Your legal team will identify the defendants in the event of scranton birth injury lawyer injury to your child. They can include obstetricians and maternal-fetal medicine experts, nurses during delivery and other healthcare providers. Then, they will need to determine the quality of care that is usually determined by the medical knowledge. This will require a detailed review and analysis of your child's records which could be quite complex.

Your attorney will also need to calculate your child's future requirements for care. It can be difficult to determine the costs of therapies and equipment caregivers at home, additional surgeries and procedures and more. Your lawyer will work closely with expert witnesses to accurately determine the costs the numerous aspects that impact the settlement for a birth injury and how to present these in court to obtain the most money-based settlement.

A free consultation with an attorney is the first step in establishing a connection between you and your lawyer. The lawyer will then look into the case by examining medical records and calling in expert witnesses to define the accepted standard for the relevant procedure.

Your lawyer will also negotiate with the defendants' insurance companies and press them to settle for an appropriate amount of damages. If this fails, your attorney will file a lawsuit against the medical practitioners to present the case in front of a jury and judge.

If a decision is reached the lawyer will draft the legal documents that will be used to calculate the damages you and your child owe. This will include the projected costs of any future medical treatment and loss of income and other economic damages. Your lawyer can also outline the lifetime costs of care for your child's injuries, which is called life-care planning. This is often a significant part of the settlement award.