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Birth Injury Settlement
A settlement for a birth injury could pay for long-term treatment that helps your child lead an easier life. These treatments could include medication as well as home modifications, and devices like wheelchairs.
Medical malpractice trials are very rare, so many families choose to settle their cases. However, the amount of settlement may depend on a variety of aspects.
Damages
A birth injury can affect all aspects of a child's development, including their quality of life. Some patients may need medication to treat their symptoms, while others may require modifications to their homes or medical devices such as wheelchairs. Parents might also need to quit their jobs to take care of their children, which can result in an income loss. A lawyer will calculate the estimated lifetime treatment costs and request enough compensation to cover the costs.
The amount of a settlement depends on the severity and length of the injury. A patient with cerebral palsy may have more medical expenses throughout their life than those suffering from Erb’s Palsy or Shoulder Dystocia. Some states limit the amount of noneconomic damages for pain, suffering and emotional distress, which can lower a settlement value.
Both sides will collect evidence from witnesses and create evidence after a lawsuit is filed. Then both sides will meet to discuss possible solutions through settlement negotiations. If negotiations fail, the case may be brought to trial. A jury and judge will listen to arguments and make a decision. Trials are usually more expensive and lengthy than settlements. Therefore, it is recommended to settle as quickly as you can.
Expert Witnesses
Expert witnesses can provide valuable evidence in support of an action for damages. They be a vital part in showing causation, which is an essential aspect of any medical malpractice case. It could be difficult for juries to determine if your child's injuries are the result of the defendant's deviation from professional standards without expert testimony.
To prove causation, your attorney will need to establish a link between your negligence and the child's injuries. This can be done through various methods such as medical records and expert witness testimony. Your lawyer will know how to locate the best experts to aid in your case.
Your legal team will help you identify the defendants in the case of your child's birth injuries. They could include obstetricians, maternal-fetal medicine experts, nurses during birth and other healthcare professionals. Then, they'll need to determine the quality of care which is usually defined by medical knowledge. This will require a detailed review and review of your child's health records which could be quite complex.
Your attorney will have to calculate the future care needs of your child. It can be difficult to determine the cost of therapies, equipment caregivers at home, further surgeries and procedures, and many more. Your lawyer will collaborate with experts and witnesses to accurately determine the cost of future expenses.
Statute of Limitations
The process of preparing a birth injury lawsuit requires careful research and the recourse to medical experts. It is essential to select an attorney with a deep knowledge of the subject matter and who knows how to build a solid case.
The first step in a lawsuit is to establish that the defendant has violated their duty of care. This involves review of medical records and appointing the doctors involved. Attorneys can also seek medical experts to give an opinion on whether or not the doctors were acting appropriately in the circumstances.
Medical negligence is defined as the failure to adhere to the standard of care and proficiency. This applies to doctors and other healthcare professionals, but it's especially specific for specialists like obsetricians, who have a vast education and specialized expertise. A legal action must also establish the causality. This means that the medical error directly caused the injury to the child.
Parents have two years to make a claim for malpractice on behalf of a child who has been injured under New York law. However, minors are not allowed to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a medical file for them by an adult or guardian. Medical malpractice claims are subject to statutory limitations on damages, including non-economic damages. The limit is usually determined by the court and is often based on the number of similar cases in the state.
Getting Started
The right amount of recognition and compensation for injuries suffered by a child caused by medical negligence or negligence during birth requires the help of a seasoned lawyer. The right legal team knows how to analyze the various elements that influence the settlement for a birth injury and how to argue for these in court to obtain the highest amount of money.
The procedure begins with a free consultation with your lawyer to establish an attorney-client relationship. Once that is done your lawyer will conduct an investigation into the case, which includes reviewing medical records and calling experts to define the accepted standard of care for the specific procedure.
Your lawyer will also work with insurers of the defendants and push them to settle for reasonable damages. If this doesn't work then your lawyer will start a lawsuit against medical providers and take the case to trial before a judge and jury.
Your lawyer will create the documents necessary to calculate the damages that you and your child are entitled to. This includes the estimated cost of future medical treatments and loss of income and other economic damages. Your lawyer can also outline the lifetime costs of care for your child's injuries. This process is called life-care planning. This is usually a large portion of the settlement.
