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Birth Injury Settlement

A settlement from a birth injury may pay for long-term treatment that allows your child to live an easier life. These treatments could include medication or home modifications as well as equipment such as wheelchairs.

Many families settle their cases since medical malpractice cases aren't very common. The amount of a settlement depends on several factors.

Damages





Birth injuries can impact every aspect of a child's development, including their quality of life. For instance, some patients require medication to manage their symptoms and others require modifications to their homes or medical equipment like wheelchairs. Parents may also have to leave their jobs to take care of their children, resulting in an income loss. A lawyer will estimate the cost of treatment for a lifetime and then seek compensation to cover the cost.

The value of a settlement is contingent on the severity and length of the injury. For instance, a person with cerebral palsy is more likely to have a much higher lifetime medical expense than someone with Erb's Palsy or shoulder dystocia which are injuries that are less severe. Certain states restrict the amount of non-economic damages for suffering, pain and emotional distress. This can lower a settlement value.

Both sides will collect evidence from witnesses and prepare evidence once a lawsuit is filed. Both sides will eventually meet to discuss possible solutions via settlement talks. If negotiations do not succeed, the case can go to trial. A jury and judge will hear arguments and decide. Trials are generally more expensive and take longer than settlements. Therefore, it is advisable to settle as soon as you can.

Expert Witnesses

Expert witnesses can be an invaluable asset in supporting the claim for damages. They can also be vital in proving the cause of a medical malpractice claim which is a crucial element. It may be difficult for juries to determine if your child's injuries result of the defendant's deviation from accepted professional practices without expert testimony.

To establish causation, your lawyer will need to establish a link between your negligence and your child's injuries. This can be done through many different ways including medical documents and expert witness testimony. Your lawyer will be able help you locate the best expert witness to help you in your case.

Your legal team will identify the defendants in the event of birth injury to your child. They can include obstetricians and maternal-fetal medicine experts, nurses during birth and other healthcare professionals. Then, they'll need to determine the level of care that is generally defined by medical knowledge. This will require a thorough review and examination of your child's medical records which could be quite complex.

Your attorney will also have to estimate your child's requirements for care. This can be quite complicated because it involves estimating the cost for therapies and equipment and caregivers at home, as well as additional 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 constructing a birth injury claim requires careful research and use of medical experts. It is crucial to select an attorney who has a thorough understanding of the matter and understands how to construct a convincing case.

The first step in a lawsuit is to establish that the defendant violated their duty of care. This requires looking over 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 defined as the failure to adhere to the standards of care and skill. This is applicable to doctors and other health professionals, but it is especially difficult for obstetricians, such as those who are highly trained and have specialized expertise. A legal claim must establish causation, which implies that a medical error directly caused the injury to the child.

Parents have two years to file a malpractice claim on behalf of a child who has been injured under New York law. However, minors aren't 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 also include non-economic damages. This limit is usually set by the court and is typically determined by the number of similar cases in the state.

Getting Started

An experienced attorney is needed to secure the right amount of compensation and recognition for injuries that a child may have suffered due to medical negligence or malpractice in the course of birth. A competent legal team will be able to analyze the many different factors that affect a birth injury settlement and how to argue these in court so you receive the maximum financial award.

The process begins with a complimentary consultation with your lawyer to establish an attorney-client relationship. Once that happens the lawyer will then investigate the case, including reviewing medical records and calling in expert witnesses who can define the accepted standard of care for the relevant procedure.

Your lawyer will also negotiate and push insurance companies of the defendants to settle on a fair amount of damages. If this fails then your lawyer will bring a suit against the medical providers and present the case in front of a jury and judge.

Your lawyer will prepare the documents needed to calculate the damages that you and your child are entitled to. This will include the projected cost of future medical procedures or loss of income, as well as other economic damages. Your lawyer will also be able to outline the lifetime costs of care for your child's injuries, which is known as life-care planning. This usually is a large portion of the settlement.