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Birth Injury Settlement

A birth injury settlement can pay for long-term treatments that help your child lead a more comfortable and healthy life. These treatments can include medications, home modifications and devices like wheelchairs.

Medical malpractice trials are extremely rare, so many families choose to settle their cases. But the amount of a settlement is contingent on a number of factors.

Damages

Birth injuries can impact every aspect of a child's life, including their quality of life. For instance, some children need medication to manage symptoms and others require modifications to their homes or medical equipment, such as wheelchairs. Parents may also have to quit their jobs to care for their children, which can result in a loss of income. A lawyer will estimate the cost of treatment for a lifetime, and then seek compensation to cover the costs.

The value of a settlement also is contingent on the severity and length of the injury. For instance, a person with cerebral palsy will likely have a higher lifetime medical cost than a patient suffering from Erb's Palsy or shoulder dystocia, which are injuries that are less severe. Furthermore, some states put limitations on the amount of non-economic damages incurred for pain and suffering which can lower a settlement's value.

If the lawsuit is filed, attorneys for both sides will prepare evidence and gather information from witnesses to prove their assertions of negligence. The parties will eventually meet to discuss possible solutions via settlement negotiations. If negotiations do not succeed, the case can go to trial. A jury and judge will listen to arguments and then make a decision. However, trials tend to be more costly and time-consuming than settlements. It is best to settle your case as quickly as you can.

Expert Witnesses

Expert witnesses can be a valuable asset in supporting the claim for damages. They can also be vital in proving that the cause of a medical malpractice case, which is an essential element. It may be difficult for juries to determine if your child's injuries are the result of the defendant's deviation from accepted professional practices without the assistance of an expert.

To establish causation, your lawyer must establish a link between your negligence and the child's injuries. This can be accomplished through many different ways, such as medical documents and expert witness testimony. Your lawyer will be able help you find the best expert witness to help you in your case.

Your legal team will determine the defendants in your child's birth injury lawsuit. They could include obstetricians, maternal-fetal medicine specialists, nurses during the labor and birth process, and other healthcare providers. They will then need to determine the level of care, which is typically determined by the medical knowledge. This will require a detailed review and examination of your child's medical records which could be very complex.

Your attorney will also need to determine your child's future requirements for care. This can be difficult, because it involves estimating the costs for equipment and therapies, in-home caregivers, additional procedures and surgeries, and more. Your lawyer will collaborate with experts and witnesses to accurately determine the cost of future expenses.

Statute of Limitations

A birth injury case requires careful research and the involvement of medical experts. It is essential to choose an attorney with profound understanding of the matter and who knows how to build a solid case.

The first step is to establish that the defendant violated his duty of care. This requires looking over medical records and deposing the doctors involved. A lawyer will also engage medical experts to provide an opinion about whether the doctors acted in a proper manner under the circumstances.

Medical negligence is the failure to follow a certain standard of care and competence. This standard is applicable to doctors and other healthcare professionals, but it's especially rigorous for specialists like Obstetricians who have extensive training and specialized expertise. A legal claim must establish causation, which implies that a medical mistake directly caused the child's injury.

New York law gives parents two years to file a malpractice lawsuit on behalf of a child who has been injured. 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 comply with statutory limits on damages, including non-economic damages. This limit is usually set by the court and is usually determined by the number similar cases in the state.

Getting Started

Receiving the proper recognition and compensation for a child's injuries due to medical malpractice or negligence during birth requires the help of a seasoned attorney. A legal team that is competent will know how to evaluate the many different factors that influence a birth injury attorneys injury settlement and how to argue them in court to ensure that you get the maximum financial award.

The procedure begins with a free consultation with your lawyer to establish an attorney-client relationship. Your lawyer will then investigate the case by reviewing medical records and calling in expert witnesses to define the accepted standard for the pertinent procedure.

Your lawyer will also work with insurers of the defendants and press them to settle for a fair amount of damages. If this fails, your attorney will file a suit against the medical practitioners to bring the case before a judge and jury.

When a ruling is reached, your lawyer will draft the legal documents that will be used to calculate the damages you and your child are entitled to. This includes the projected costs of any future medical treatment or loss of income, as well as other economic damages. Your lawyer can also outline the cost of care over the course of time for your child's injuries. This process is called life-care planning. This can be a significant portion of the settlement that is awarded.