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.
Related FAQs
What is the difference between a birth injury and a medical negligence claim?Are there any states that have special laws concerning birth injuries?
What are some common defense strategies used in birth injury cases?
What is a fetal death and can a parent file a birth injury lawsuit?
What is brachial plexus injuries?
Is cerebral palsy always caused by medical negligence?
What is causation in a birth injury case?
Can a medical birth injury lawsuit be filed after the statute of limitations has expired?
What is obstetrical malpractice and how do I prove it?
How long does it take to settle a birth injury lawsuit?
Related Blog Posts
Birth Injury Law: Understanding and Meeting Requirements for Successful Claims - July 31, 2023Types of Birth Injuries: Get the Facts about Medical Negligence - August 7, 2023
The Birth Injury Lawsuit Process: What You Need to Know - August 14, 2023
Investigating a Possible Birth Injury: Where to Begin - August 21, 2023
Statute of Limitations for Birth Injury Cases: Understanding Your Rights and Timeframes - August 28, 2023