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Birth Injury Settlement
A birth injury settlement can provide long-term treatment options that help your child have a more pleasant life. These treatments could include medication as well as home modifications, and equipment such as wheelchairs.
Medical malpractice trials are extremely rare so a lot of families choose to settle their cases. But the amount of a settlement can depend on several aspects.
Damages
A birth injury can impact every aspect of a child's life, including their quality of living. For instance, some patients require medication to manage their symptoms and others require modifications to their homes or medical equipment such as wheelchairs. Parents may also be required to give up their jobs in order to take care of their children, resulting in an income loss. A lawyer will estimate the cost of treatment for a patient's entire life, and then seek compensation to pay for the costs.
The severity and length of the injury can affect the value of the settlement. For instance, a person with cerebral palsy will likely suffer a higher life-time medical bill than someone suffering from Erb's Palsy or shoulder dystocia, which are injuries that are less severe. Certain states restrict the amount of non-economic damages for suffering, pain and emotional distress. This can reduce the value of a settlement.
Both sides will collect evidence from witnesses and create evidence when a lawsuit is filed. The parties will eventually meet to discuss possible solutions through settlement discussions. If negotiations fail the case will go to trial, where the jury and a judge will hear arguments and issue the verdict. Trials are generally more expensive and long-lasting than settlements. It is best to settle your case as soon as possible.
Expert Witnesses
Expert witnesses can be an invaluable asset in supporting the claim for damages. They can also be vital in proving the causation of a medical malpractice claim which is an essential element. Without expert testimony, it could be difficult for a jury to determine if the injuries suffered by your child were the result of the defendant doctor's deviation from established professional standards.
To establish causation, your lawyer must establish a link between the negligence of your child and the injuries. This can be done through a variety means, such as medical documents and expert witness testimony. Your lawyer will know how to locate the best experts to help in your case.
Your legal team will identify all defendants in the case of birth injury attorney injuries to your child. This could include obstetricians maternal-fetal medicine specialists, nurses during labor and delivery, and other healthcare professionals. They will then need to determine the quality of care that is usually defined by medical expertise. This will require a thorough review and review of your child's health records, which may be complex.
Your attorney will have to calculate the future care needs of your child. This can be a bit complicated because it involves estimating the costs for therapies and equipment as well as in-home caregivers, further surgeries and procedures and many more. Your lawyer will collaborate with expert witnesses who will help to accurately calculate these future expenses.
Statute of Limitations
A birth injury case requires careful research and the involvement of medical experts. It is essential to select a lawyer with an understanding of the subject and who is able to construct a solid case.
The first step in a lawsuit is to establish that the defendant violated their duty of care. This involves looking over medical records and taking depositions of the physicians involved. A lawyer can also employ medical experts to provide an opinion on the doctors acted in a proper manner in the circumstances.
Medical negligence is defined as the failure to adhere to an expected level of care and proficiency. This applies to doctors and other health care professionals however, it is more difficult for obstetricians, such as those who are highly trained and have specialized expertise. A legal case must also establish causation, which is that a medical error directly caused the child's injury.
New York law gives parents two years to file a malpractice lawsuit on behalf of their child who has been injured. Minors cannot sue themselves pursuant to CPLR Sec. 1207.1. They must have a file for them by a parent or guardian. Medical malpractice claims must also comply with statutory limits on damages, which includes non-economic damages. The limit is usually determined by the court and is often based on the number of similar cases in the state.
Getting Started
An experienced attorney is needed to secure the right amount of compensation and recognition for the injuries a child suffers due to medical negligence or malpractice at birth. The right legal team knows how to analyze the various elements that influence a birth injury settlement, and how to argue these in court to get you the most money-based settlement.
The process begins with a complimentary consultation with your lawyer to establish an attorney-client relationship. Once that is done the lawyer will then investigate the case, which includes reviewing medical records and bringing experts who can determine the standard of care that is accepted for the relevant procedure.
Your lawyer will also negotiate with and push the insurance companies of the defendants to agree on a fair amount for damages. If this doesn't work your lawyer will bring a lawsuit against the medical professionals and bring the case to trial before a jury and judge.
When a ruling is reached after a verdict is reached, your lawyer will draft the legal documents that will be used to calculate the amount of damages you and your child deserve. This includes the estimated cost of future medical procedures or loss of income, injury as well as other economic damages. Your lawyer may also calculate the lifetime cost of care of your child's injuries. This is referred to as a life-care plan. This is usually a large portion of the settlement.
