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Birth Injury Settlement

A birth injury settlement can provide long-term treatment options that will allow your child to live a better life. The treatments can include home modifications, medication, and equipment such as wheelchairs.

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

Damages

Birth injuries can affect all aspects of the child's life, including their quality of living. Some patients may require medication to manage their ailments, while others may require home modifications or medical devices like wheelchairs. Parents may also have to give up their jobs to care for their children, resulting in a loss of income. A lawyer will estimate the patient's lifetime treatment costs, and then seek compensation to cover these costs.

The severity and duration of the injury will also determine the value of a settlement. For instance, a person with cerebral palsy is more likely to have a higher lifetime medical cost than a patient 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 pain, suffering and emotional distress. This can reduce the value of a settlement.

If a lawsuit is filed lawyers for both sides will create evidence and collect information from witnesses to support their claims of negligence. Then the two sides will meet to discuss possible solutions through settlement negotiations. If negotiations are unsuccessful and the case is unable to be resolved, it can be taken to trial where the jury and a judge will hear arguments and give a verdict. Trials can be more costly and time-consuming than settlements. Therefore, it is advisable to settle as fast as you can.

Expert Witnesses

Expert witnesses can be an invaluable asset in supporting the claim for damages. They be a vital part in proving causation, which is an essential element of any medical malpractice claim. It may be difficult for juries to determine if your child's injuries are the result of the doctor's infraction to accepted professional practices without the assistance of an expert.

Your lawyer must establish a link between negligence and the harms suffered by your child to establish the causation. This can be accomplished through a variety of means such as medical records and expert testimony. Your lawyer will know how to locate the most qualified expert witnesses to assist in your case.

Your legal team will determine the defendants involved in the birth injury attorneys injury case of your child. They could include obstetricians, medical specialists for maternal-fetal medicine nurses during labor and delivery, and other healthcare providers. They must then establish the right standards of medical care, which is usually determined by the current medical knowledge. This will involve a detailed review of the medical records of your child, that can be quite complex.

Your attorney will also need to calculate your child's future needs for care. It can be difficult to estimate the cost of therapies, equipment caregivers at home, additional procedures and surgeries, and many more. Your lawyer will collaborate with expert witnesses to aid in accurately calculating the future costs.

Statute of limitations

A birth injury case requires careful research and the involvement of medical experts. It is essential to choose an attorney who has a deep knowledge of the subject matter and knows how to build a solid case.

The first step is to establish that the defendant has breached his duty of care. This includes 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 properly in the circumstances.

Medical negligence is the inability to adhere to a set of standards of care and knowledge. This is applicable to doctors and other health professionals however, it is more demanding for specialists such as obstetricians who are highly trained and have specialized expertise. A legal case must also establish causation, which means that a medical mistake directly caused the child's injury.

Parents have two years to file a malpractice claim on behalf of their child injured under New York law. However, minors are not permitted to file a claim themselves under CPLR Sec. 1207.1. They must have a file for them by the parent or guardian. Medical malpractice claims are also subject to statutory limitations on damages, which also include non-economic damages. This limit is typically set by the court and is usually determined by the number similar cases in the state.

Getting Started

An experienced attorney is necessary for obtaining the appropriate compensation and acknowledgement for the injuries a child has sustained because of medical negligence or malpractice at birth. The legal team you choose is aware of how to analyze the various factors that impact the settlement for a birth injury and how to argue for these in court to ensure you receive the most financial compensation.

The procedure begins with a no-cost consultation with your lawyer to establish an attorney-client relationship. The lawyer will then look into the case by examining medical records and calling in experts to establish the accepted standard for the relevant procedure.

Your lawyer will also work with insurers of the defendants and force them to agree for the right amount of damages. If that fails your lawyer will file a lawsuit against the medical professionals and bring the case to trial before a jury and judge.

Your lawyer will create the documents required to calculate the damages that you and your child are entitled to. This will include the projected cost of future medical procedures as well as loss of income and other economic damages. Your lawyer can also estimate the cost of care over the course of time for your child's injuries, which is called life-care planning. This is usually a significant part of the settlement.