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Birth Injury Settlement

A birth injury (click to find out more) settlement can provide long-term treatment options that will allow your child to live a more comfortable life. The treatments include medications as well as home modifications, and equipment like wheelchairs.

Medical malpractice trials are extremely rare which is why many families opt to settle their cases. The amount of a settlement depends on several factors.

Damages

Birth injuries can impact all aspects of a child's life including their quality of living. Certain patients may require medication to treat their ailments, while others may require home modifications or medical devices, such as wheelchairs. In addition, parents may have to leave their jobs to care for their children, leading to losing income. A lawyer will determine a patient's estimated cost of treatment over the course of their life and then seek enough compensation to pay for those costs.

The severity and duration of the injury may affect the value of the settlement. A person with cerebral palsy will likely have a higher medical cost over the course of their life than a person with Erb’s Palsy or Shoulder Dystocia. Furthermore, some states put an upper limit on the amount of non-economic damages to pain and suffering and this could decrease the value of a settlement.

When the lawsuit is filed, lawyers on both sides prepare evidence and gather details from witnesses to support their assertions of negligence. Then, both sides will meet to discuss possible resolutions through settlement talks. If negotiations fail, the case could be heard in court. A judge and birth injury jury will listen to arguments and render a verdict. Trials can be more costly and take longer than settlements. It is best to settle your case as soon as you can.

Expert Witnesses

Expert witnesses can provide crucial evidence to support the claim for damages. They can also be crucial in proving the cause of a medical malpractice claim, which is an essential aspect. It could be difficult for jurors to determine if your child's injuries result of the defendant doctor's deviation from the accepted standards of professional practice without the assistance of an expert.

Your attorney will have to establish the connection between negligence and the injuries sustained by your child to prove causality. This can be done through many different methods that include medical records and expert testimony. Your lawyer will know how to locate the most qualified experts to testify in your case.

Your legal team will identify each defendant in the event of birth injuries to your child. They could include obstetricians as well as maternal-fetal medicine experts, nurses during birth and other healthcare professionals. They will then need to establish the right standard of care, which is typically determined by the current medical knowledge. This requires a thorough review of the medical records of your child which can be complex.

Your attorney will also need to calculate your child's future requirements for care. It can be difficult to estimate the costs of therapies and equipment caregivers at home additional surgeries and procedures and more. Your lawyer will work with experts who can help to accurately calculate the cost of these future expenses.

Statute of limitations

The process of constructing a birth injury claim requires careful research and the recourse to medical experts. It is important to select an attorney with an understanding of the subject, and who knows how to build an effective case.

The first step is to establish that the defendant violated his duty of care. This requires looking over medical records and taking depositions of the doctors involved. Attorneys can also seek medical experts to provide an opinion about whether the doctors acted in a proper manner under the circumstances.

Medical negligence is the inability to adhere to a standard of care and competence. This is applicable to doctors and other health professionals however, it is more difficult for obstetricians, such as those who are highly trained and have specialized expertise. A legal action must also establish causation. This means that the medical error directly caused the injury to the child.

New York law gives parents two years to file a malpractice suit on behalf of their child who has been injured. Minors are not able to sue themselves, according to CPLR Sec. 1207.1. They must have a medical file for them by the parent or guardian. Medical malpractice claims are subject to the statutory limitations on damages, which also include non-economic damages. This limit is usually set by the court and is typically dependent on the number of similar cases in the state.

Getting Started

An experienced attorney is needed to obtain the proper compensation and recognition for the injuries a child has suffered due to medical negligence or malpractice in the course of birth injury law firms. The right legal team knows how to analyze the various factors that affect a birth injury settlement, and how to present these in court to obtain the most financial compensation.

A no-cost consultation with an attorney is the initial stage in establishing a rapport between you and your lawyer. Once this is established, your lawyer will investigate the case, including looking over medical records and bringing in expert witnesses who can define the accepted standard of care for the relevant procedure.

Your lawyer can also negotiate with and push the insurance companies of the defendants to agree on a fair amount of damages. If this doesn't work the lawyer will file a suit against the medical professionals to present the case in front of an audience and a judge.

When a ruling is reached Your lawyer will draft the documents that will be used to calculate the damages you and your child are entitled to. This includes the estimated costs of any future medical treatment, loss of income, and other economic damages. Your lawyer can also calculate the lifetime costs for care of your child's injuries. This is known as a life-care strategy. This is usually a large part of the settlement awarded.