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Birth Injury Settlement

A settlement from a birth injury attorney injury may provide long-term treatment that allows your child to live an easier life. These treatments could include medication, home modifications and devices like wheelchairs.

Many families settle their claims because medical malpractice lawsuits are not common. But the amount of a settlement may depend on a variety of aspects.

Damages

Birth injuries can impact all aspects of the child's life, including their quality of living. Some patients may require medication to treat their symptoms, while others could require home modifications or medical devices, such as wheelchairs. Parents may also have to quit their jobs to care for their children, which can result in a loss of income. A lawyer will determine the estimated lifetime costs for treatment and seek enough compensation to cover those expenses.

The severity and length of the injury could affect the value of the settlement. A person with cerebral palsy is likely to have an increased medical bill over the course of their life than those suffering from Erb’s Palsy or Shoulder Dystocia. Additionally, certain states impose limits on the amount of non-economic damages incurred for pain and suffering that could reduce a settlement's value.

When the lawsuit is filed, lawyers for both sides will create evidence and collect details from witnesses to support their claims of negligence. The parties will eventually meet to discuss possible solutions through settlement talks. If negotiations fail, the case may go to trial. A jury and judge will hear arguments and make a decision. Trials tend to be more expensive and lengthy than settlements. Therefore, it is advisable to settle as quickly as you can.

Expert Witnesses

Expert witnesses can be an invaluable asset in supporting an action for damages. They can be a vital part in the process of proving causation, which is essential to any medical malpractice claim. Without expert testimony, it may be difficult for jurors to determine if your child's injuries resulted from the doctor's deviance from the accepted professional guidelines.

To establish causation, your lawyer will need to establish a link between your negligence and the injury suffered by your child. This can be done using a variety of means that include medical records and expert testimony. Your lawyer will know how to find the most qualified experts to help in your case.

Your legal team will identify all the defendants in the case of birth injury to your child. These can include obstetricians, medical specialists for maternal-fetal medicine, nurses during labor and delivery, as well as other healthcare providers. Then, they'll need to determine the standard of care that is usually 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 need to calculate your child's future needs for care. This can be difficult, because it involves estimating the costs for equipment and therapies and caregivers at home, as well as additional procedures and surgeries and more. Your lawyer will work with expert witnesses who will help to accurately calculate the cost of these future expenses.

Statute of Limitations

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

The first step is to establish that the defendant has breached his duty of care. This requires review of medical records and appointing the doctors involved. A lawyer will also engage medical experts to give an opinion on whether the doctors were acting appropriately in the circumstances.

Medical negligence is defined as a failure to adhere to the standards of care and [empty] proficiency. This applies to doctors and other health care professionals but is particularly strict for specialists such as obstetricians who are highly trained and have specialized knowledge. A legal action must also establish the causality. This means that the medical error directly caused the injury to the child.

Parents have two years to make a claim for malpractice on behalf of their child injured under New York law. However, minors aren't able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have an account with a parent or guardian on their behalf. Medical malpractice claims must conform to the statutory limits on damages, which includes noneconomic damages. This limit is usually set by the court and is often based on the number of similar cases in the state.

Getting Started

Receiving the proper recognition and compensation for the child's injuries caused by medical negligence or negligence at birth requires the assistance of an experienced lawyer. The legal team you choose is aware of how to assess the numerous factors that affect the settlement of a birth injury, and how to argue these in court to ensure you receive the most financial compensation.

The procedure begins with a free consultation with your lawyer to establish an attorney-client relationship. After that, your lawyer will investigate the case, including looking over medical records and bringing experts to define the accepted standard of care for the relevant procedure.

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

When a ruling is reached, your lawyer will draft the documents which will be used to calculate the damages you and your child owe. This includes the projected costs of future medical treatments or loss of income, as well as other economic damages. Your lawyer can also estimate the life-long costs of care for your child's injuries, a process called life-care planning. This is often a significant portion of the settlement that is awarded.