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birth injury attorneys Injury Settlement

A birth injury settlement can pay for long-term treatments which will help your child live a more comfortable life. These treatments may include medications, home modifications and equipment such as wheelchairs.

Medical malpractice trials are very rare, so many families choose to settle their cases. But the amount of a settlement may depend on a variety of factors.

Damages

Birth injuries can impact every aspect of a child's life, including the quality of living. For instance, some patients need medication to manage symptoms and others require modifications to their homes or medical equipment, such as wheelchairs. In addition, parents may be forced to quit their jobs to take care of their children, leading to a loss of income. A lawyer will estimate the cost of treatment for a lifetime, and then seek compensation to pay for the cost.

The value of a settlement also is contingent on the severity and length of the injury. For instance, a patient with cerebral palsy is likely have a much higher lifetime medical bill than someone suffering from Erb's Palsy or shoulder dystocia which are less severe injuries. Some states restrict the amount of non-economic damages for Birth Injury suffering, pain and emotional distress, which could lower a settlement value.

If the lawsuit is filed, lawyers on both sides prepare evidence and gather information from witnesses to support their accusations of negligence. Then both sides will meet to discuss possible solutions through settlement negotiations. If negotiations are unsuccessful and the case is unable to be resolved, it can be taken to trial where the jury and judge will hear arguments and give the verdict. However, trials are generally more costly and time-consuming than settlements. Therefore, it is best to settle as soon as you can.

Expert Witnesses

Expert witnesses can be a valuable resource in proving a claim for damages. They can also be vital in proving the causation of a medical malpractice case, which is an essential aspect. Without an expert witness, it could be difficult for a jury to determine whether the injuries suffered by your child were the result of the doctor's deviance from the accepted standards of professional practice.

To prove causation, your attorney will need to establish a link between your negligence and the injury suffered by your child. This can be accomplished through different methods including medical records and expert witness testimony. Your lawyer will know where to find the most qualified experts to aid in your case.

Your legal team will be able to identify all the defendants in the case 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. They will then need to determine the appropriate standards of care, which is usually established by the existing medical knowledge. This requires a thorough review of your child's medical records, which may be complicated.

Your attorney will have to determine the needs for future care of your child. This can be complicated, since it involves estimating costs for therapies and equipment, in-home caregivers, additional procedures and surgeries and more. Your lawyer will collaborate with experts who can help to accurately calculate these costs in the future.

Statute of Limitations

A birth injury case requires careful investigation and the involvement of medical experts. It is crucial to select an attorney with an extensive knowledge of the subject and who is skilled at constructing an effective case.

The first step is to prove that the defendant has breached his duty of care. This involves reviewing medical records and deposing the doctors involved. An attorney will also engage medical experts to provide an opinion on whether the doctors acted in a proper manner under the circumstances.

Medical negligence is defined as the non-observance of the standards of care and expertise. This is applicable to doctors and other health care professionals however, it is more 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 led to the child's injury.

New York law gives parents two years to file a malpractice lawsuit on behalf of their child who has suffered injury. However, minors are not permitted to file a claim themselves under CPLR Sec. 1207.1. They must have the file of a parent/guardian on their behalf. Medical malpractice claims must be in compliance with the law regarding damages, which includes noneconomic damages. This limit is usually set by the court and is usually based on the number of similar claims in the state.

Getting Started

Receiving the proper recognition and compensation for injuries suffered by a child due to medical malpractice or negligence at birth requires the assistance of an experienced lawyer. The right legal team knows how to assess the numerous elements that influence the settlement of a birth injury, and how to argue for these in court to obtain the most financial compensation.

The process begins with a free consultation with your lawyer to establish an attorney-client relationship. The lawyer will then look into the case by reviewing medical records and calling in experts to determine the accepted standard for the relevant procedure.

Your lawyer will also negotiate with insurance companies of the defendants, and pressure them to settle for reasonable damages. If that fails the lawyer will bring a lawsuit against the medical providers and take the case to trial before a jury and judge.

If a verdict is made the lawyer will draft the legal documents which will be used to calculate the amount of damages you and your child owe. This includes the estimated cost of future medical treatment and loss of income and other economic damages. Your lawyer can also estimate the life-long costs of care of your child's injuries. This is referred to as a life-care strategy. This is usually a significant portion of the settlement.