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Birth Injury Settlement

A birth injury lawyer injury settlement may provide long-term care that allows your child to live a more relaxed lifestyle. These treatments could include home modifications, medication and even equipment like wheelchairs.

Many families settle their cases due to the fact that medical malpractice trials are rare. However, the amount of a settlement may depend on a variety of aspects.

Damages

A birth injury can affect every aspect of a child's existence, including their quality of life. For instance, some children require medication to treat their symptoms and others require home modifications or medical equipment, such as wheelchairs. Parents may also have to quit their jobs to take care of their children, resulting in an income loss. A lawyer will estimate the cost of treatment for a patient's entire life and then seek compensation to pay for the cost.

The severity and duration of the injury will also influence the value of the settlement. For instance, a person with cerebral palsy will likely have a greater lifetime medical cost than a patient suffering from Erb's Palsy or shoulder dystocia, which are less severe injuries. Certain states limit the amount of noneconomic damages for pain, suffering and other emotional distress. This can lower a settlement value.

Both sides will collect evidence from witnesses and create evidence once a lawsuit is filed. In the end the two sides will meet to discuss possible resolutions via settlement talks. If negotiations fail and the case is unable to be resolved, it can be taken to trial where a judge and jury will hear arguments and issue a verdict. However, trials are usually more costly and time-consuming settlements. It is recommended to settle your case as quickly as possible.

Expert Witnesses

Expert witnesses can be an invaluable asset in supporting the claim for damages. They are also crucial in proving the causality of an injury resulting from medical malpractice which is an essential aspect. Without expert testimony, it may be difficult for jurors to determine if your child's injuries were the result of the defendant doctor's departure from the accepted professional guidelines.

To establish causation, your lawyer must establish a link between the negligence and your child's injuries. This can be done by various methods including medical records and expert witness testimony. Your lawyer will be able to assist you in finding the most suitable expert witness to assist your case.

Your legal team will identify the defendants involved in your child's birth injury lawsuit. They could include obstetricians, medical specialists for maternal-fetal medicine, nurses during the labor and birth process, and other healthcare providers. They will then need to determine the appropriate standards of care, which is usually determined by the current medical knowledge. This will require a detailed review and analysis of your child's records which could be quite complex.

Your attorney will also have to determine your child's future care needs. It can be difficult to determine the cost of therapies, equipment caregivers at home, additional procedures and surgeries, and many more. Your lawyer will collaborate with expert witnesses who can help to accurately calculate the cost of these future expenses.

Statute of Limitations

The process of preparing a birth injury lawsuit requires careful research and recourse to medical experts. It is essential to choose a lawyer who has a deep knowledge of the subject matter and knows how to construct a strong case.

The first step is to prove that the defendant has violated his duty of care. This involves reviewing medical records and taking depositions of the doctors involved. Attorneys can also seek medical experts to give an opinion about whether the doctors were acting appropriately in the circumstances.

Medical negligence is the failure to adhere to a standard of care and knowledge. This standard applies to doctors and other health care professionals but is particularly rigorous for specialists like obstetricians who have extensive training and knowledge. A legal claim must also establish the causality. This means that the medical error directly caused the injury to the child.

Parents have two years to file a malpractice claim on behalf of an injured child under New York law. However, minors are not legally 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 are also subject to the statutory limitations on damages, including non-economic damages. This limit is usually set by the court, and is often 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 a seasoned lawyer. The right legal team will know how to review the various factors that impact a birth injuries settlement and how to present them in court so that you receive the most financial compensation.

The process begins with a complimentary consultation with your lawyer to establish an attorney-client relationship. Once this is established, your lawyer will investigate the matter, including reviewing medical records and calling experts who can determine the accepted standard of care for the procedure in question.

Your lawyer will also work with defendants' insurance companies and pressure them to settle for reasonable damages. If this fails the lawyer will file a suit against the medical professionals to present the case in front of the judge and jury.

Your lawyer will draft the documents necessary to calculate the amount of damages you and your child are entitled to. This will include the projected expenses of future medical treatments, loss of income and other economic damages. Your lawyer can also estimate the lifetime cost of care of your child's injuries. This is known as a life-care strategy. This is usually a significant part of the settlement.