What is a birth injury settlement?
A birth injury settlement is an agreement between the parties involved in a birth injury lawsuit. The settlement typically involves the payment of a certain amount of money to the plaintiff, or injured party, and can also involve an agreement to provide medical care for the injured child. In Oregon, a birth injury settlement is considered a Form of Compensation under the Oregon Civil Rights Act. When a birth injury is caused by medical negligence, such as the failure to diagnose a condition or the use of a defective product during labor and delivery, the settlement is typically part of a larger lawsuit. This is known as a medical malpractice lawsuit. In these cases, the settlement will typically include money for medical expenses, lost wages, pain and suffering, and other damages. The terms of a birth injury settlement are typically determined on a case-by-case basis. In some cases, the two parties may agree on a lump sum payment to the plaintiff, while in other cases the settlement may involve a series of smaller payments over an extended period of time. It is important to note that many birth injury settlements are confidential and that the details of the settlement may remain unknown to the public. In Oregon, when a birth injury settlement is reached, the parties typically must file a claim with the court in order for the settlement to be approved. Once approved, the settlement is legally binding on both parties and cannot be changed. Because each case is unique, it is important to consult with a qualified and knowledgeable birth injury attorney before entering into any settlement agreement.
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