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Birth Injury Settlement
A birth injury settlement can help pay for long-term treatments that will allow your child to lead a more comfortable and healthy life. These treatments could include medication along with home modifications and devices like wheelchairs.
Medical malpractice trials are rare so a lot of families choose to settle their cases. The amount of settlement depends on a number of factors.
Damages
Birth injuries can impact all aspects of a child's life, including their quality of living. For instance, some children require medication to treat their ailments and others require home modifications or medical equipment like wheelchairs. Parents may also be required to quit their jobs to take care of their children, resulting in the loss of income. A lawyer will assess the estimated lifetime costs for treatment and seek enough compensation to pay for those costs.
The severity and duration of the injury could impact the value of the settlement. For instance, a person with cerebral palsy is likely to suffer a higher life-time medical expenses than a person suffering from Erb's Palsy or shoulder dystocia which are less serious injuries. Some states restrict the amount of non-economic damages for pain, suffering and emotional distress, which can reduce the value of a settlement.
Both sides will collect evidence from witnesses and prepare evidence when a lawsuit is filed. In the end the two sides will meet to discuss possible solutions through settlement talks. If negotiations are unsuccessful, the case can proceed to trial, where the jury and a judge will hear arguments and issue a verdict. However, trials are typically more costly and time-consuming than settlements. It is recommended to settle your case as soon as you can.
Expert Witnesses
Expert witnesses can be valuable evidence in support of the claim for damages. They can also be essential in proving that the cause of a medical malpractice claim which is an essential aspect. It can be difficult for juries to determine if your child's injuries are the result of a doctor's deviation from the accepted standards of professional practice without the assistance of an expert.
To prove causation, your attorney will need to establish a link between the negligence of your child and the injuries. This can be accomplished by many different ways such as medical records and expert witness testimony. Your lawyer will be able to help you find the best expert witness to aid your case.
Your legal team will identify the defendants involved in the case of your child's birth injuries. They can include obstetricians and maternal-fetal medicine experts, nurses during delivery and other healthcare professionals. Then, they'll need to determine the standard of care which is usually determined by medical knowledge. This will require a detailed review and examination of your child's medical records that may be complicated.
Your attorney will also have to estimate your child's future care needs. This can be quite complicated because it involves estimating the costs for equipment and therapies and caregivers at home, as well as additional procedures and surgeries, and more. Your lawyer will work closely with expert witnesses to precisely calculate future expenses.
Statute of limitations
A birth injury law firms injury case requires careful investigation and the involvement of medical experts. It is essential to select an attorney with extensive knowledge of the matter and understands how to build a solid case.
The first step is to prove that the defendant acted in breach of his duty of care. This includes 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 inability to meet the standards of care and competence. This is applicable to doctors and other health care professionals but is particularly difficult for obstetricians, such as those who have extensive training and specialized knowledge. A legal claim must prove causation. This means that a medical error directly caused the child's injury.
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 the file of a parent/guardian on their behalf. Medical malpractice claims must be in compliance with the law regarding damages, including 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
Receiving the proper recognition and compensation for injuries sustained by a child caused by medical malpractice or negligence during birth requires the help of an experienced attorney. A competent legal team can analyze the many different factors that influence a birth injury settlement and how to argue these in court to ensure that you get the maximum financial compensation.
The process begins with a complimentary consultation with your lawyer to establish an attorney-client relationship. Once this is established your lawyer will conduct an investigation into the case, including reviewing medical records and bringing expert witnesses to determine the accepted standards of care for birth injury the specific procedure.
Your lawyer will also work with insurance companies of the defendants and pressure them to settle for reasonable damages. If this doesn't work your lawyer will file a lawsuit against the medical professionals to present the case in front of a jury and judge.
When a verdict is reached Your lawyer will draft the documents that will be used to calculate the amount of damages you and your child should be entitled to. This includes the estimated cost of future medical treatments, loss of income, and other economic damages. Your lawyer can also calculate the life-long costs of care of your child's injuries. This is referred to as a life-care plan. This is usually a significant portion of the settlement.
