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Birth Injury Settlement

A birth injury (you can find out more) settlement can provide long-term treatment options that help your child live a more comfortable life. These treatments could include medication as well as home modifications, and equipment such as wheelchairs.

Many families settle their cases since medical malpractice lawsuits are rare. The amount of settlement will depend on several factors.

Damages

Birth injuries can impact the entirety 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 like wheelchairs. Parents could also need to quit 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 those expenses.

The value of a settlement is contingent on the severity and length of the injury. A patient with cerebral palsy will likely have an increased medical bill throughout their life than someone suffering from Erb’s Palsy or Shoulder Dystocia. Additionally, some states have a limit on the amount of non-economic damages that can be awarded for suffering and pain which can lower a settlement's value.

When the lawsuit is filed, attorneys for both sides will prepare evidence and gather information from witnesses to support their allegations of negligence. The parties will eventually meet to discuss possible solutions in settlement negotiations. If negotiations fail, the matter could be heard in court. A jury and judge will listen to arguments and render a verdict. Trials are generally more expensive and long-lasting than settlements. It is recommended to settle your case as quickly as you can.

Expert Witnesses

Expert witnesses can be an invaluable aid in defending any claim for damages. They also play an important role in proving causation, which can be a necessary element of any medical malpractice claim. Without expert testimony, it might be difficult for a jury to determine if your child's injuries were caused by the doctor's deviance from established professional standards.

To prove causation, your attorney must establish a link between your negligence and your child's injuries. This can be done through various methods including medical records, as well as expert testimony. Your lawyer will be able assist you in finding the most suitable expert witness for your case.

Your legal team will identify the defendants in the event of birth injury to your child. They may include obstetricians medical specialists for maternal-fetal medicine, nurses during labor and delivery, as well as other healthcare professionals. Then, they will need to determine the standard of care, which is typically defined by medical knowledge. This will involve a detailed review of the medical records of your child, which may be complicated.

Your attorney will also need to estimate your child's needs for care. This can be quite complicated as it involves estimating costs for equipment and therapies, in-home caregivers, additional surgeries and procedures and much more. Your lawyer will work with expert witnesses who can help you calculate these future expenses.

Statute of limitations

A birth injury lawyer injury case requires careful research and the involvement of medical experts. It is crucial to select an attorney with an extensive knowledge of the subject and knows how to build a solid case.

The first step in a lawsuit is establishing that the defendant violated their duty of care. This requires looking over medical records and taking depositions of the doctors involved. Attorneys will also consult medical experts to give an opinion on whether the doctors acted appropriately under the circumstances.

Medical negligence is defined as a failure to adhere to the standard of care and proficiency. This standard applies to doctors and other health care professionals, but it is especially difficult for obstetricians, such as those who are highly trained and have specialized knowledge. A legal claim must establish causation, which is that a medical error directly caused the child's injury.

Parents have two years to make a claim for malpractice on behalf of an injured child under New York law. Minors cannot sue themselves according to CPLR Sec. 1207.1. They must have the file of a parent/guardian on their behalf. Medical malpractice claims must also comply with statutory limits on damages, which includes noneconomic damages. This limit is typically 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 assistance of an experienced lawyer. The legal team you choose will know how to review the numerous factors that influence a birth injury settlement and how to argue for them in court to ensure that you receive the most financial compensation.

A free consultation with an attorney is the initial step to establish a relationship between you and your lawyer. Your lawyer will then conduct an investigation into the case by examining medical records and contacting expert witnesses to define the accepted standard for the applicable procedure.

Your lawyer will also work with insurers of the defendants and press them to settle for an appropriate amount of damages. If that fails, your lawyer will start a lawsuit against medical professionals and bring the case to trial before a jury and judge.

When a verdict is reached the lawyer will draft the documents that will be used to calculate the amount of damages you and your child are entitled to. This includes the projected costs of any future medical treatment, Birth Injury loss of income and other economic damages. The lawyer can also estimate the life-long costs of care of your child's injuries. This is referred to as a life-care program. This usually is a large portion of the settlement.