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Birth Injury Settlement
A birth injury settlement can help pay for long-term treatments which will help your child live a more comfortable life. These treatments could include medication, home modifications and other equipment, such as wheelchairs.
Many families settle their claims because medical malpractice lawsuits are not common. The amount of a settlement will depend on several factors.
Damages
A birth injury can affect all aspects of a child's life including their quality of life. For example, some patients require medication to manage their symptoms and others require home modifications or medical equipment, such as wheelchairs. Parents may also have to leave their jobs to care for their children, which can result in losing income. A lawyer will determine the estimated cost of treatment over the course of their life and then seek enough compensation to pay for those costs.
The value of a settlement is contingent on the severity and duration of the injury. A patient with cerebral palsy may have a higher medical cost over the course of their life than a person with Erb’s Palsy or Shoulder Dystocia. Some states restrict the amount of non-economic damages for pain, suffering and emotional distress, which could reduce the value of a settlement.
If the lawsuit is filed, lawyers for both sides will create evidence and collect information from witnesses to support their claims of negligence. The parties will eventually meet to discuss solutions that could be reached through settlement talks. If negotiations fail, the case could proceed to trial. A judge and jury will listen to arguments and decide. Trials are generally more expensive and long-lasting than settlements. It is recommended to settle your case as soon as you can.
Expert Witnesses
Expert witnesses can be a valuable source of evidence when defending any claim for damages. They be a vital part in proving causation, which is an essential aspect of any medical malpractice claim. Without expert testimony, it could be difficult for a jury to determine whether the injuries suffered by your child were caused by the doctor's deviance from the accepted standards of professional practice.
Your attorney must establish the connection between negligence and the injuries of your child to prove causality. This can be done through various methods such as medical documents and expert witness testimony. Your lawyer will be able to help you find the best expert witness for your case.
Your legal team will identify the defendants involved in your child's birth injury case. They could include obstetricians as well as maternal-fetal medicine experts, nurses during birth and other healthcare professionals. They will then need to determine the quality of care, which is typically determined by medical knowledge. This will require a thorough review of your child's medical records which may be complicated.
Your attorney will have to calculate the future care needs of your child. It is difficult to estimate the costs of therapies and equipment caregivers at home, additional surgeries and procedures and much more. Your lawyer will work closely with experts to accurately calculate future expenses.
Statute of limitations
The process of constructing a birth injury law firms injury claim requires careful investigation and the recourse to medical experts. It is crucial to select a lawyer with a thorough understanding of the subject and who knows how to create a solid case.
The first step is to establish that the defendant acted in breach of his duty of care. This requires looking over medical records and taking depositions of the doctors involved. An attorney will also engage medical experts to provide an opinion as to whether the doctors acted appropriately under the circumstances.
Medical negligence is defined as the non-observance of an expected level of care and expertise. This is applicable to doctors and other health professionals however it is more demanding for specialists such as obstetricians who have a vast amount of training and knowledge. A legal action must also establish the cause. This means that the medical error directly caused the injury to the child.
New York law gives parents two years to file a malpractice suit on behalf of their child who has suffered injury. Minors are not able to sue themselves according to CPLR Sec. 1207.1. They must have a file for them by the parent or guardian. Medical malpractice claims must conform to the legal limits for damages, which includes noneconomic damages. The limit is usually determined by the court, and is usually based on the number of similar cases in the state.
Getting Started
The right amount of recognition and compensation for injuries sustained by a child due to medical malpractice or negligence during birth requires the help of an experienced lawyer. A competent legal team will know how to evaluate the numerous aspects that influence a birth injury settlement and how to argue them in court so that you receive the highest amount of financial compensation.
The procedure begins with a free consultation with your lawyer to establish an attorney-client relationship. Once that happens the lawyer will then investigate the case, which includes reviewing medical records and calling in expert witnesses who can determine the standard of care that is accepted for the specific procedure.
Your lawyer can also negotiate with and push the insurance companies of the defendants to negotiate on a fair amount of damages. If that doesn't work the lawyer will bring a lawsuit against the medical providers and take the case to trial before a jury and a judge.
If a decision is reached, your lawyer will draft the documents that will be used to calculate the damages you and your child owe. This includes the projected cost of future medical procedures or loss of income, as well as other economic damages. Your lawyer can also estimate the life-long costs of care for your child's injuries, which is called life-care planning. This can be a significant part of the settlement award.
