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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. The treatments can include medication, home modifications, and equipment such as wheelchairs.
Many families settle their claims because medical malpractice lawsuits are not common. The amount of a settlement will depend on several factors.
Damages
birth injury attorneys injuries can affect every aspect of a child's life including their quality of living. Certain patients may require medication to manage their symptoms, while others may require home modifications or medical devices, such as wheelchairs. In addition, parents may have to quit their jobs to take care of their children, leading to an income loss. A lawyer will estimate the cost of treatment for a lifetime and then seek compensation to cover the costs.
The severity and length of the injury will also impact the value of the settlement. A person suffering from cerebral palsy is likely to have more medical expenses throughout their life than those suffering from Erb’s Palsy or Shoulder Dystocia. Additionally, certain states impose a limit on the amount of non-economic damages to pain and suffering which can lower the value of a settlement.
If a lawsuit is filed, lawyers for both sides will prepare evidence and gather evidence from witnesses to back their assertions of negligence. Then the parties will meet to discuss possible resolutions through settlement negotiations. If negotiations fail, the case could be brought to trial. A judge and jury will hear arguments and then make a decision. However, trials tend to be more expensive and time-consuming than settlements. Therefore, it is recommended to settle as fast as you can.
Expert Witnesses
Expert witnesses can be a valuable resource in proving any claim for damages. They also play a crucial role in proving causation, which can be essential to any medical malpractice case. Without expert testimony, it could be difficult for jurors to determine if your child's injuries were the result of the doctor who was accused of violating the accepted standards of professional practice.
To prove causation, your attorney must establish a connection between the negligence and your child's injuries. This can be done using a variety of means that include medical records and expert testimony. Your lawyer will be able to assist you in finding the right expert witness to assist your case.
Your legal team will determine the defendants involved in your child's birth injury lawsuit. They may include obstetricians, maternal-fetal medicine experts, nurses during birth and other healthcare professionals. They will then need to determine the standard of care that is usually defined by medical knowledge. This will involve a detailed review of your child's medical records which may be complicated.
Your attorney will need to determine the needs for future care of your child. It is difficult to estimate the costs of therapies and equipment, caregivers at home, additional procedures and surgeries, and more. Your lawyer will work closely with experts and witnesses to accurately determine the cost of future expenses.
Statute of Limitations
The process of preparing a birth injury lawsuit requires careful research and recourse to medical experts. It is essential to select an attorney who has an extensive knowledge of the subject matter and who knows how to create a solid case.
The first step in a lawsuit is establishing that the defendant has violated their duty of care. This requires the review of medical records as well as taking depositions of the doctors involved. A lawyer will also hire medical experts to give an opinion on whether or not the doctors acted properly in the circumstances.
Medical negligence is defined as a non-observance of the standards of care and proficiency. This standard is applicable to doctors and other healthcare professionals, but is especially strict for specialists like obstetricians with their extensive training and expertise. A legal claim must establish the causality. This means that the medical error directly caused the injury to the child.
New York law gives parents two years to file a malpractice lawsuit on behalf of a child who has suffered injury. However, minors aren't able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a parent or guardian file on their behalf. Medical malpractice claims must comply with statutory limits on damages, including non-economic damages. This limit is usually set by the court, and is often based upon the number of similar claims in the state.
Getting Started
A skilled attorney is required to secure the right amount of compensation and recognition for injuries a child has suffered because of medical negligence or malpractice at birth. The legal team you choose can analyze the numerous factors that impact a birth injuries settlement and how to argue these in court so that you get the maximum financial compensation.
A no-cost consultation with an attorney is the initial step in establishing a connection between you and your lawyer. Once this is established your lawyer will conduct an investigation into the case, including looking over medical records and bringing in expert witnesses who can determine the standard of care that is accepted for the procedure in question.
Your lawyer can also negotiate and push insurance companies of the defendants on a fair amount of damages. If that fails the lawyer will file a lawsuit against the medical providers and take the case to trial before a jury and a judge.
If a decision is reached Your lawyer will draft the documents which will be used to calculate the damages you and your child are entitled to. This includes the anticipated cost of future medical treatment, loss of income, and other economic damages. Your lawyer will also be able to outline the life-long costs of care for your child's injuries. This process is called life-care planning. This is usually a major component of the settlement you receive.