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Birth Injury Settlement

A birth injury settlement can be used to pay for long-term therapies that will allow your child to lead a more comfortable and healthy life. These treatments could include home modifications, medication and equipment like wheelchairs.

Many families settle their cases since medical malpractice trials are rare. However, the amount of a settlement will depend on many aspects.

Damages

birth injury lawyer injuries can impact every aspect of a child's life including their quality of life. For example, some patients require medication to treat their symptoms and others require modifications to their homes or medical equipment like wheelchairs. Parents may also have to leave their jobs to take care of their children, leading to losing income. A lawyer will estimate the cost of treatment for a patient's entire life and then seek compensation to cover these expenses.

The severity and duration of the injury could determine the value of a settlement. For instance, Birth Injury a patient with cerebral palsy is likely to have a higher lifetime medical expenses than a person suffering from Erb's Palsy or shoulder dystocia, which are less severe injuries. Some states restrict the amount of non-economic damages for pain, suffering and emotional distress. This can lower a settlement value.

Both sides will collect evidence from witnesses and create evidence once a lawsuit is filed. Both sides will eventually meet to discuss possible solutions in settlement discussions. If negotiations fail, the case may go to trial. A jury and judge will hear arguments and decide. Trials tend to be more expensive and long-lasting than settlements. It is best to settle your case as quickly as you can.

Expert Witnesses

Expert witnesses can provide crucial evidence in support of an action for damages. They also play a critical role in showing causation, which is essential to any medical malpractice claim. It can be difficult for jurors to determine if your child's injuries result of the defendant doctor's infraction to accepted professional practices without expert testimony.

To prove causation, your attorney will need to establish a link between the negligence of your child and the injuries. This can be done using many different methods that include medical records and expert testimony. Your lawyer will know where to find the best experts to aid in your case.

Your legal team will be able to identify each defendant in the event of birth injury to your child. They could include obstetricians, medical specialists for maternal-fetal medicine nurses during labor and delivery, and other healthcare providers. They will then need to establish the proper standards of care, which is generally established by the existing medical knowledge. This will require a detailed review and analysis of your child's medical records, which may be complex.

Your attorney will have to determine the needs for future care of your child. This can be complicated, because it involves estimating the costs for equipment and therapies, in-home caregivers, additional surgeries and procedures and many more. Your lawyer will work with expert witnesses who can help you calculate the cost of these future expenses.

Statute of Limitations

A birth injury case requires careful investigation and the involvement of medical experts. It is essential to choose an attorney with a deep knowledge of the subject matter and knows how to construct a convincing case.

The first step is to establish that the defendant has violated his duty of care. This requires reviewing medical records and taking depositions of the doctors involved. Lawyers will also employ medical experts to give an opinion as to whether the doctors were acting in the right way under the circumstances.

Medical negligence is defined as the failure to perform the standards of care and skill. This applies to doctors and other healthcare professionals, but it's especially strict for specialists such as obstetricians with their extensive training and specialized knowledge. A legal claim must also establish the causality. This means that the medical error directly caused the injury to the child.

Parents have two years to file a malpractice claim on behalf of an injured child under New York law. Minors are not able to sue themselves according to CPLR Sec. 1207.1. They must have an account with a parent or guardian on their behalf. Medical malpractice cases are also subject to the 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 claims in the state.

Getting Started

Getting adequate recognition and compensation for injuries sustained by a child due to medical malpractice or negligence at birth requires the assistance of a seasoned attorney. A legal team that is competent will know how to review the numerous aspects that affect a birth injury settlement and how to present them in court so that you receive the most financial compensation.

The procedure begins with a no-cost consultation with your lawyer to establish an attorney-client relationship. Once that is done, your lawyer will investigate the case, including reviewing medical records and bringing experts who can define the accepted standard of care for the relevant procedure.

Your lawyer can also negotiate and push insurance companies of the defendants to settle on a fair amount of damages. If that fails the lawyer will make a claim against the medical providers and take the case to trial before a judge and jury.

Your lawyer will prepare the documents necessary to calculate the amount of damages you and your child are entitled to. This includes the anticipated cost of future medical procedures, loss of income and other economic damages. Your lawyer can also calculate the lifetime cost of care of your child's injuries. This is referred to as a life-care strategy. This usually is a large portion of the settlement.