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Birth Injury Settlement

A settlement for a birth injury can help pay for long-term treatments which will help your child live a better life. These treatments could include medication along with home modifications and devices like wheelchairs.

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

Damages

A birth injury can affect all aspects of the child's life, including the quality of living. Some patients may need medication to treat their symptoms, while others could require home modifications or medical devices such as wheelchairs. Parents may also be forced to quit their jobs to take care of their children, leading to the loss of income. A lawyer will estimate the estimated lifetime costs for treatment and seek enough compensation to cover those expenses.

The severity and duration of the injury can affect the value of the settlement. For instance, a patient with cerebral palsy is likely have a greater lifetime medical cost than a patient suffering from Erb's Palsy or shoulder dystocia which are injuries that are less severe. Additionally, certain states impose a limit on the amount of non-economic damages incurred for suffering and pain which can lower a settlement's value.

When a lawsuit is filed, lawyers for both sides will prepare evidence and gather information from witnesses to support their claims of negligence. Both sides will eventually meet to discuss possible solutions in settlement discussions. If negotiations fail and the case is unable to be resolved, it can be taken to trial where jurors and judges will hear arguments and issue the verdict. Trials tend to be more expensive and take longer than settlements. It is best to settle your case as soon as possible.

Expert Witnesses

Expert witnesses can be valuable evidence in support of an action for damages. They also play a crucial role in proving causation, which is a necessary element of any medical malpractice case. Without an expert witness, it could be difficult for a jury to determine if the injuries suffered by your child 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 the child's injuries. This can be done using a variety of means that include medical records and expert testimony. Your lawyer can help you find the best expert witnesses to assist in your case.

Your legal team will help you identify the defendants involved in your child's birth injury lawsuit. This could include obstetricians medical specialists for maternal-fetal medicine, nurses during labor and delivery, and other healthcare providers. They must then establish the appropriate standards of medical care, which is usually established by the existing medical knowledge. This will require a thorough review and analysis of your child's medical records that may be complicated.

Your attorney will also need to calculate your child's future care needs. It is difficult to estimate the cost of therapies, equipment caregivers at home, additional surgeries and procedures and more. Your lawyer will collaborate with expert witnesses who will help to accurately calculate the future costs.

Statute of Limitations

The process of preparing a birth injury lawsuit requires careful research and use of medical experts. It is important to choose a lawyer who has a profound understanding of the matter and knows how to construct a strong case.

The first step in a lawsuit is establishing that the defendant has violated their duty of care. This involves looking over medical records and taking depositions of the physicians involved. A lawyer will also engage medical experts to provide an opinion on whether the doctors acted appropriately under the circumstances.

Medical negligence is defined as a non-observance of the standards of care and competence. This applies to doctors and other healthcare professionals, but it's particularly strict for specialists such as Obstetricians who have extensive training and specialization. A legal claim must establish causation. 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 a child who has been injured under New York law. However, minors aren't able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have the file of a parent/guardian on their behalf. Medical malpractice claims must be in compliance with the law regarding damages, which includes non-economic damages. This limit is typically set by the court, and is usually 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 help of a seasoned lawyer. The right legal team will know how to review the various factors that affect a birth injury settlement and how to argue them in court to ensure that you get the maximum financial compensation.

The procedure begins with a no-cost consultation with your lawyer to establish an attorney-client relationship. Once this is established, your lawyer will investigate the case, including reviewing medical records and bringing experts to define the accepted standard of care for the procedure in question.

Your lawyer will also work with insurers of the defendants and push them to settle for the right amount of damages. If this doesn't work then your lawyer will file a lawsuit against the medical providers and take the case to trial before a jury and a judge.

When a verdict is reached the lawyer will draft the documents that will be used to calculate the amount of damages you and your child owe. This includes the estimated expenses of future medical treatments as well as the loss of income and other economic damages. Your lawyer can also estimate the costs over the life of your child's care for your child's injuries. This is known as life-care planning. This can be a significant portion of the settlement that is awarded.