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Birth Injury Settlement
A birth injury settlement can provide long-term treatment options which will help your child live a more comfortable life. These treatments may include home modifications, medication, and equipment such as wheelchairs.
Medical malpractice trials are extremely rare which is why many families opt to settle their cases. The amount of settlement depends on several factors.
Damages
Birth injuries can impact the entirety of a child's life, including their quality of life. Some patients may require medication to manage their symptoms, while others might require home modifications or medical devices, such as wheelchairs. Parents might also need to give up their jobs in order to take care of their children, which can result in a loss of income. A lawyer will estimate the cost of treatment for a lifetime and then seek compensation to cover these costs.
The severity and length of the injury will also affect the value of the settlement. For instance, a patient with cerebral palsy will likely have a higher lifetime medical bill than someone suffering from Erb's Palsy or shoulder dystocia which are injuries that are less severe. Additionally, certain states impose limits on the amount of non-economic damages incurred for pain and suffering which can lower the value of a settlement.
Both sides will gather evidence from witnesses and prepare evidence once a lawsuit has been filed. The parties will eventually meet to discuss possible solutions via settlement talks. If negotiations are unsuccessful, the case can proceed to trial where the jury and judge will hear arguments and issue a verdict. Trials are usually more expensive and take longer than settlements. Therefore, it is best to settle as soon as you can.
Expert Witnesses
Expert witnesses can be an invaluable asset in supporting an action for damages. They can also be crucial in proving the cause of a medical malpractice claim, which is an essential element. Without an expert witness, it could be difficult for jurors to determine whether the injuries suffered by your child were caused by the doctor's deviance from the accepted standards of professional practice.
Your attorney will have to establish the connection between negligence and the harms suffered by your child in order to establish causation. This can be accomplished through various methods such as medical records and expert witness testimony. Your lawyer can help you find the best experts to testify in your case.
Your legal team will determine all defendants in the case of birth injuries to your child. They could include obstetricians, maternal-fetal medicine experts, nurses during birth and other healthcare professionals. Then, they will need to determine the level of care which is usually defined by medical expertise. This requires a thorough review of your child's medical records which can be complex.
Your attorney will also have to estimate your child's care needs. This can be complicated, because it involves estimating the costs for equipment and therapies, in-home caregivers, additional procedures and surgeries and many more. Your lawyer will collaborate with experts and witnesses to accurately calculate the future costs.
Statute of limitations
The process of preparing a birth injury (from the Kizkiuz blog) lawsuit requires careful research and use of medical experts. It is crucial to select a lawyer with a thorough understanding of the subject and knows how to build an effective case.
The first step in a lawsuit is to establish that the defendant violated their duty of care. This is done by looking over medical records and taking depositions of the doctors involved. A lawyer will also hire medical experts to provide an opinion on the doctors acted appropriately under the circumstances.
Medical negligence is the failure to adhere to a set of standards of care and knowledge. This standard applies to doctors and other health care professionals however it is more strict for specialists such as obstetricians who are highly trained and have specialized knowledge. A legal action must also 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 an injured child under New York law. However, minors are not allowed to file a lawsuit themselves under CPLR Sec. 1207.1. They must have the file of a parent/guardian on their behalf. Medical malpractice cases are also subject to statutory limitations on damages, which include non-economic damages. This limit is usually set by the court and is usually determined by the number of similar cases in the state.
Getting Started
The right amount of recognition and compensation for injuries sustained by a child caused by medical malpractice or negligence at birth requires the assistance of a seasoned attorney. The right legal team knows how to assess the numerous aspects that impact the settlement for birth injury law firms injuries, and how to present 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, your lawyer will investigate the case, including looking over medical records and bringing expert witnesses to define the standard of care that is accepted for the specific procedure.
Your lawyer will also negotiate with insurers of the defendants and press them to settle for the right amount of damages. If this fails the lawyer will file a lawsuit against the medical providers to take the case before the judge and jury.
When a ruling is reached Your lawyer will draft the legal documents which will be used to calculate the amount of damages you and your child deserve. This will include the projected cost of future medical treatment, loss of income, and other economic damages. The lawyer can also estimate the lifetime costs for care of your child's injuries. This is referred to as a life-care program. This is usually a major part of the settlement award.