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Birth Injury Settlement

A birth injury settlement may pay for long-term treatment that allows your child to live an easier life. The treatments can include home modifications, medication and equipment like wheelchairs.

Medical malpractice trials are very rare, so many families choose to settle their cases. The amount of settlement will depend on several factors.

Damages

Birth injuries can impact every aspect of a child's life, including their quality of life. For instance, some patients require medication to treat their ailments and others require modifications to their homes or medical equipment, such as wheelchairs. Parents might also need to give up their jobs to take care of their children, which can result in losing income. A lawyer will estimate a patient's estimated cost of treatment over the course of their life and then seek enough compensation to pay for those costs.

The severity and length of the injury could influence the value of the settlement. For instance, a person with cerebral palsy is more likely to have a much higher lifetime medical bill than someone suffering from Erb's Palsy or shoulder dystocia, which are injuries that are less severe. Furthermore, some states put limits on the amount of non-economic damages incurred for pain and suffering, which could lower a settlement's value.

If an action is filed, attorneys for both sides will create evidence and collect evidence from witnesses to back their assertions of negligence. Both sides will eventually meet to discuss possible solutions via settlement negotiations. If negotiations are unsuccessful, the case can proceed to trial where the jury and judge will hear arguments and give an opinion. However, trials are generally more expensive and lengthy than settlements. Therefore, it is best to settle as fast as you can.

Expert Witnesses

Expert witnesses can provide valuable evidence to support any claim for damages. They can also be vital in proving that the cause of a medical malpractice claim, which is an essential aspect. Without an expert witness, it could be difficult for a jury to determine whether the injuries suffered by your child were caused by the doctor who was accused of violating accepted professional practices.

To prove causation, your attorney must establish a link between the negligence and the injury suffered by your child. This can be done through several methods that include medical records and expert testimony. Your lawyer can assist you in finding the most suitable expert witness for your case.

Your legal team will be able to identify the defendants in the case of your child's birth injuries. They could include obstetricians, maternal-fetal medicine specialists, nurses during labor and delivery, as well as other healthcare professionals. They will then need to establish the right standard of care, which is typically determined by the current medical knowledge. This will require a thorough review of the medical records of your child which can be complex.

Your attorney must determine the needs for future care of your child. This can be difficult, because it involves estimating the costs for equipment and therapies as well as in-home caregivers, further procedures and surgeries and more. Your lawyer will work closely with expert witnesses to accurately estimate future expenses.

Statute of Limitations

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

The first step is to prove that the defendant acted in breach of his duty of care. This requires review of medical records and appointing the doctors involved. A lawyer will also hire medical experts to provide an opinion on whether the doctors acted in a proper manner in the circumstances.

Medical negligence is defined as a failure to perform the standards of care and competence. This standard is applicable to healthcare providers and doctors. professionals, but it's particularly strict for specialists like Obstetricians who have extensive training and specialization. A legal case must also establish causation, which implies that a medical mistake directly caused the injury to the child.

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

Getting Started





Receiving the proper recognition and compensation for a child's injuries due to medical malpractice or negligence at birth requires the assistance of an experienced lawyer. A legal team that is knowledgeable knows how to evaluate the numerous elements that influence a birth injury settlement, and how to argue these in court to secure the most financial compensation.

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 in expert witnesses who can determine the accepted standard of care for the specific procedure.

Your lawyer will also work with insurance companies of the defendants and press them to settle for the right amount of damages. If this doesn't work then your lawyer will file a lawsuit against the medical professionals and bring the case to trial before a jury and a judge.

If a decision is reached, your lawyer will draft the legal documents which will be used to calculate the damages you and your child should be entitled to. This includes the estimated costs of future medical treatments or loss of income, as well as other economic damages. Your lawyer can also outline the cost of care over the course of time for your child's injuries, a process called life-care planning. This is usually a major part of the settlement award.