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Birth Injury Settlement
A settlement for a birth injury can be used to pay for long-term therapies that help your child live a more comfortable life. The treatments include medications along with home modifications and equipment like wheelchairs.
Many families settle their cases since medical malpractice trials are rare. The amount of settlement will depend on several factors.
Damages
birth injury lawyer injuries can impact all aspects of the child's existence, including their standard of living. For instance, some patients require medication to treat their symptoms and others require modifications to their homes or medical equipment like wheelchairs. In addition, parents may be forced to quit their jobs to take care of their children, leading to losing income. A lawyer will calculate a patient's estimated lifetime treatment costs and request enough compensation to pay for those costs.
The amount of a settlement is contingent on the severity and duration of the injury. For instance, a patient with cerebral palsy is likely to suffer a higher life-time medical bill than someone suffering from Erb's Palsy or shoulder dystocia which are injuries that are less severe. Furthermore, some states put a limit on the amount of non-economic damages that can be awarded for pain and suffering and this could decrease a settlement's value.
When the lawsuit is filed, lawyers for both sides will create evidence and collect information from witnesses to prove their claims of negligence. Both sides will eventually meet to discuss possible solutions via settlement talks. If negotiations are unsuccessful the case will go to trial, where jurors and judges will hear arguments and give an opinion. Trials are usually more expensive and lengthy than settlements. Therefore, it is recommended to settle as quickly as you can.
Expert Witnesses
Expert witnesses can provide important evidence to support an action for damages. They can also be crucial in proving the cause of a medical malpractice case which is an essential element. Without an expert witness, it could be difficult for jurors to determine if the injuries suffered by your child resulted from the doctor's deviance from accepted professional practices.
To prove causation, your attorney will need to establish a connection between the negligence and your child's injuries. This can be done through different methods such as medical documents and expert witness testimony. Your lawyer will know how to find the best experts to testify in your case.
Your legal team will be able to identify the defendants in the case of your child's birth injuries. They can include obstetricians and maternal-fetal medicine experts, nurses during the delivery and other healthcare providers. They will then have to determine the standard of care that is generally determined by the medical knowledge. This will require a detailed review and examination of your child's medical records, which may be complex.
Your attorney will also have to estimate your child's future needs for care. This can be difficult, because it involves estimating the costs for equipment and therapies, in-home caregivers, additional surgeries and procedures and 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 investigation and the involvement of medical experts. It is crucial to select a lawyer with an understanding of the subject, and who is skilled at constructing an effective case.
The first step is to establish that the defendant violated his duty of care. This requires review of medical records and appointing the doctors involved. An attorney will also engage medical experts to provide an opinion on whether the doctors acted appropriately in the circumstances.
Medical negligence is defined as a failure to perform the standards of care and proficiency. This standard is applicable to healthcare providers and doctors. professionals, but it's especially specific for specialists like Obstetricians who have extensive training and specialized knowledge. A legal case must also prove causation. This means that a medical error directly caused the child's injury.
New York law gives parents two years to file a malpractice lawsuit on behalf of their child who has suffered injury. Minors cannot sue themselves according to CPLR Sec. 1207.1. They must have a medical file for them by a parent or guardian. Medical malpractice claims must conform to the statutory limits on damages, which includes noneconomic damages. This limit is typically set by the court and is often based upon the number of similar cases in the state.
Getting Started
An experienced lawyer is essential to obtain the proper compensation and recognition for the injuries a child has suffered because of medical negligence or malpractice in the course of birth. The legal team you choose is aware of how to evaluate the numerous factors that affect the settlement for birth injuries, and how to argue these in court to obtain the maximum financial award.
A free consultation with an attorney is the initial step in establishing a connection between you and your lawyer. Once that is done your lawyer will conduct an investigation into the case, including looking over medical records and bringing in expert witnesses who can define the standard of care that is accepted for the particular procedure.
Your lawyer will also work with insurance companies of the defendants and push them to settle 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 judge and jury.
Your lawyer will prepare the documents needed to calculate the damages you and your child are entitled to. This includes the anticipated costs of future medical treatments as well as the loss of income and other economic damages. Your lawyer can also estimate the lifetime costs for care of your child's injuries. This is known as life-care plan. This is usually a significant part of the settlement.