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Birth Injury Settlement

A settlement for birth injuries could pay for long-term treatment that allows your child to live an easier lifestyle. The treatments include medications along with home modifications and equipment such as wheelchairs.

Many families settle their cases because medical malpractice lawsuits are not common. The amount of a settlement depends on a number of factors.

Damages

A birth injury can impact all aspects of the child's life, including their quality of living. For example, some patients need medication to manage symptoms and others require modifications to their homes or medical equipment like wheelchairs. Parents may also have to leave their jobs to care for their children, leading to the loss of income. A lawyer will assess the estimated cost of treatment over the course of their life and then seek enough compensation to cover the costs.

The severity and duration of the injury may impact the value of the settlement. A patient with cerebral palsy may have more medical expenses throughout their life than those suffering from Erb’s Palsy or Shoulder Dystocia. Certain states restrict the amount of non-economic damages for pain, suffering and other emotional distress. This can reduce the value of a settlement.

If a lawsuit is filed, lawyers for both sides will prepare evidence and gather information from witnesses to support their claims of negligence. The parties will eventually meet to discuss possible solutions via settlement talks. If negotiations fail and the case is unable to be resolved, it can be taken to trial where the jury and judge will hear arguments before deciding the verdict. However, trials are generally more expensive and time-consuming than settlements. Therefore, it is advisable to settle as quickly as you can.

Expert Witnesses

Expert witnesses can be an invaluable aid in defending any claim for damages. They can also play a crucial role in proving causation, which can be an essential aspect of any medical malpractice case. It may be difficult for jurors to determine if your child's injuries result of a doctor's deviation from professional standards without the assistance of an expert.

Your attorney must establish the connection between negligence and the injuries of your child to prove causation. This can be done by different methods like 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 all defendants in the case of birth injuries to your child. These can include obstetricians, maternal-fetal medicine specialists nurses during the labor and birth process, and other healthcare providers. Then, they'll need to determine the level of care that is usually defined by medical knowledge. This requires a thorough review of your child's medical records, which can be a bit complicated.

Your attorney will need to determine the future needs of your child. It can be difficult to estimate the cost of therapies and equipment caregivers at home, further surgeries and procedures, and much more. Your lawyer will work with expert witnesses who will aid in accurately calculating the cost of these future expenses.

Statute of Limitations

The process of preparing a birth injury lawsuit requires careful research and the recourse to medical experts. It is important to choose an attorney with thorough understanding of the matter and knows how to construct a convincing case.

The first step is to establish that the defendant violated his duty of care. This requires review of medical records and depositions of the doctors involved. birth injury law firm mcallen can also seek medical experts to provide an opinion about whether the doctors acted appropriately under the circumstances.

Medical negligence is defined as a inability to meet the standards of care and skill. This standard is applicable to doctors and other healthcare professionals, but it is particularly strict for specialists like obstetricians with their extensive training and specialized knowledge. A legal claim must also establish causation. 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. Minors cannot sue themselves according to CPLR Sec. 1207.1. They must have a file for them by an adult or guardian. 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 based on the number of similar claims in the state.

Getting Started





Recognizing and obtaining compensation for injuries suffered by a child caused by medical malpractice or negligence during birth requires the assistance of an experienced lawyer. A legal team that is competent will know how to evaluate the numerous aspects that impact a birth injury settlement and how to present them in court to ensure that you receive the most financial compensation.

The procedure begins with a no-cost consultation with your lawyer to establish an attorney-client relationship. Your lawyer will investigate the case by reviewing medical records and contacting experts to determine the accepted standard for the applicable procedure.

Your lawyer will also negotiate with and push the insurance companies of the defendants to settle on a fair amount of damages. If this doesn't work your lawyer will file a lawsuit against the medical professionals and bring the case to trial before a judge and jury.

Your lawyer will create the necessary documents to calculate the amount of damages you and your child are entitled to. This will include the projected costs of any future medical treatment as well as loss of income and other economic damages. Your lawyer will also be able to outline the cost of care over the course of time for your child's injuries, a process known as life-care planning. This is usually a large portion of the settlement.