For most medical malpractice cases, the settlement process begins by placing the settlement on the record in court. The parties will go before the judge or sign a written agreement that establishes the terms of a settlement. From the date on which they sign a release agreement, the defense has 21 days to issue the payment.
If they do not issue the payment within 21 days, then a person can enter a judgment against the defendants with the full amount of the settlement. If the settlement is for a child, it requires court approval of the settlement. A motion would need to be made to the trial court, which in New York is the New York State Supreme Court. That court will hold a hearing in which the infant would be present with the infant’s parents and the court will then approve how the money would be invested for the child, such as an annuity, a trust, or a bond.