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Birth Injury Settlement
A birth injury settlement may provide long-term care that helps your child lead an easier life. These treatments can include home modifications, medication, and equipment such as wheelchairs.
Medical malpractice trials are rare, so many families choose to settle their cases. However, the amount of settlement can depend on several factors.
Damages
Birth injuries can impact every aspect of a child's life including their quality of life. For birth injury attorneys , some children require medication to treat their symptoms and others require home modifications or medical equipment like wheelchairs. Parents may also need to give up their jobs to care for their children, which can result in a loss of income. A lawyer will determine the estimated cost of treatment over the course of their life and then seek enough compensation to cover the costs.
The value of a settlement is contingent on the severity and duration of the injury. Patients with cerebral palsy will likely have greater medical expenses over the course of their life than those suffering from Erb’s Palsy or Shoulder Dystocia. In addition, some states place limits on the amount of non-economic damages for pain and suffering which can lower a settlement's value.
Both sides will collect evidence from witnesses and prepare evidence when a lawsuit is filed. The parties will eventually meet to discuss possible solutions through settlement discussions. If negotiations fail, the case could be brought to trial. A jury and judge will listen to arguments and decide. However, trials are usually more costly and time-consuming settlements. It is best to settle your case as quickly as possible.
Expert Witnesses
Expert witnesses can provide important evidence in support of the claim for damages. They can also be vital in proving the causation of a medical malpractice case which is an essential aspect. It could be difficult for juries to determine if your child's injuries result of the doctor's deviation from the accepted standards of professional practice without expert testimony.
Your attorney will have to establish a link between negligence and the injuries sustained by your child to establish the causation. This can be done through various methods including medical records, as well as expert testimony. Your lawyer will be able to help you locate the best expert witness to aid your case.
Your legal team will determine the defendants in the birth injury case of your child. They could include obstetricians as well as maternal-fetal medicine experts, nurses during birth and other healthcare professionals. They will then need to establish the right standards of care, which is generally defined by existing medical knowledge. This will involve a detailed review of the medical records of your child that can be quite complex.
Your attorney will also have to estimate your child's future needs for care. It can be difficult to determine the cost of therapies, equipment, caregivers at home, additional procedures and surgeries, and much more. Your lawyer will collaborate with expert witnesses to help to accurately calculate the future costs.
Statute of Limitations
A birth injury case requires careful research and the use of medical experts. It is important to choose an attorney who has a extensive knowledge of the matter and who knows how to build a solid case.
The first step in a lawsuit is to establish that the defendant violated their duty of care. This is done by reviewing medical records and deposing the doctors involved. A lawyer may also engage medical experts to provide an opinion on whether the doctors acted in a proper manner under the circumstances.
Medical negligence is the failure to follow a certain standard of care and expertise. This applies to doctors and other health professionals but is particularly difficult for obstetricians, such as those who are highly trained and have specialized expertise. A legal claim must also establish the causality. 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. However, minors aren't able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a medical file for them by a parent or guardian. Medical malpractice claims are subject to the statutory limitations on damages, which also include non-economic damages. The limit is usually determined by the court and is typically dependent on the number of similar cases in the state.
Getting Started
The right amount of recognition and compensation for injuries suffered by a child due to medical malpractice or negligence at birth requires the assistance of an experienced lawyer. The right legal team knows how to assess the numerous factors that impact the settlement of a birth injury, and how to present these in court to obtain the highest amount of money.
A complimentary consultation with an attorney is the first step to establish a relationship between you and your lawyer. Once that is done your lawyer will begin investigating the case, which includes reviewing medical records and bringing experts who can determine the accepted standard of care for the specific procedure.
Your lawyer will also work with insurance companies of the defendants and force them to agree for an appropriate amount of damages. If this fails the lawyer will start a lawsuit against medical professionals and bring the case to trial before a jury and judge.
Your lawyer will draft the necessary documents to calculate the damages you and your child are entitled to. This includes the anticipated costs of any future medical treatment and loss of income and other economic damages. Your lawyer can also estimate the lifetime costs for care of your child's injuries. This is referred to as life-care plan. This is usually a large component of the settlement you receive.
