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Birth Injury Settlement

A birth injury settlement may pay for long-term treatment that will allow your child to lead an easier lifestyle. These treatments can include medications, home modifications and equipment such as wheelchairs.

Medical malpractice trials are very rare which is why many families opt 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 their quality of life. For instance, some patients require medication to treat their symptoms and others require modifications to their homes or medical equipment such as wheelchairs. Parents might also have to leave their jobs to care for their children, resulting in an income loss. A lawyer will calculate the estimated lifetime treatment costs and request enough compensation to cover the costs.

The value of a settlement also is contingent on the severity and duration of the injury. For instance, a patient with cerebral palsy is likely suffer a higher life-time medical expenses than a person suffering from Erb's Palsy or shoulder dystocia, which are less severe injuries. Furthermore, some states put a limit on the amount of non-economic damages incurred for pain and suffering and this could decrease the value of a settlement.

When the lawsuit is filed, attorneys for both sides will create evidence and collect information from witnesses to prove their accusations of negligence. Both sides will eventually meet to discuss solutions that could be reached through settlement talks. If negotiations fail, the case may be heard in court. A jury and judge will hear arguments and render a verdict. However, trials are generally more expensive and time-consuming than settlements. It is best to settle your case as quickly as you can.

Expert Witnesses

Expert witnesses can be valuable evidence in support of 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 an expert witness, it could be difficult for jurors to determine if the injuries suffered by your child were caused by the doctor who was accused of violating the accepted professional guidelines.

To prove causation, your attorney must establish a link between your negligence and your child's injuries. This can be accomplished by a variety means such as medical records and expert witness testimony. Your lawyer can assist you in finding the right expert witness to help you in your case.

Your legal team will help you identify the defendants involved in your child's birth injury lawsuit. They could include obstetricians as well as maternal-fetal medicine experts, nurses during birth and other healthcare providers. They will then have to determine the quality of care that is usually defined by medical knowledge. This will require a thorough review of your child's medical records, which may be complicated.

Your attorney must estimate the future needs of your child. It can be difficult to determine the cost of therapies and equipment, caregivers at home, further surgeries and procedures, and much more. Your lawyer will collaborate with expert witnesses to accurately determine the cost of future expenses.

Statute of limitations

The process of preparing a birth injury lawsuit requires careful research and the recourse to medical experts. It is crucial to choose a lawyer with an understanding of the subject, and who is skilled at constructing a solid case.

The first step is to prove that the defendant violated his duty of care. This involves reviewing medical records and deposing the doctors involved. A lawyer may also engage medical experts to provide an opinion as to whether the doctors acted in a proper manner in the circumstances.

Medical negligence is the inability to follow a certain standard of care and competence. This standard applies to doctors and other health care professionals, but it is especially demanding for specialists such as obstetricians who have a vast amount of training and expertise. A legal claim also must establish the causality. This means that the medical error directly caused the injury to the child.

Parents have two years to make a claim for malpractice on behalf of a child who is injured under New York law. Minors cannot sue themselves according to CPLR Sec. 1207.1. They must be accompanied by a file for them by an adult or guardian. Medical malpractice claims are subject to statutory limitations on damages, including non-economic damages. This limit is usually set by the court and is often determined by the number of similar cases in the state.

Getting Started

An experienced lawyer is essential to obtain the proper compensation and recognition for injuries a child suffers because of medical negligence or malpractice during birth. A legal team that is competent can analyze the various factors that impact a birth injury settlement and how to argue these in court so that you get the maximum amount of financial compensation.

A free consultation with an attorney is the first step in establishing a relationship between you and your lawyer. Your lawyer will then conduct an investigation into the matter by looking over medical records and calling in experts to determine the accepted standard for the relevant procedure.

Your lawyer will also negotiate with and push the insurance companies of the defendants to agree on a fair amount of damages. If this fails then your lawyer will bring a lawsuit against the medical professionals and bring the case to trial before a judge and jury.

Your lawyer will prepare the necessary documents to calculate the damages that you and your child are entitled to. This includes the projected cost of future medical treatment as well as the 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 can be a significant part of the settlement awarded.