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birth injury law firm Injury Settlement

A birth injury settlement can provide long-term treatment options that allow your child to have a more pleasant life. The treatments can include medication, home modifications and even equipment like wheelchairs.

Medical malpractice trials are rare and therefore many families decide to settle their cases. The amount of a settlement will depend on several factors.

Damages

A birth injury can affect all aspects of a child's life, including the quality of living. Some patients may require medication to treat their ailments, while others may require home modifications or medical devices like wheelchairs. Parents may also be forced to quit their jobs to take care of their children, which could result in a loss of income. A lawyer will determine a patient's estimated lifetime costs for treatment and seek enough compensation to cover these expenses.

The value of a settlement is contingent on the severity and length of the injury. For instance, a person with cerebral palsy is more likely to suffer a higher life-time medical bill than someone suffering from Erb's Palsy or shoulder dystocia, which are less serious injuries. Additionally, certain states impose limitations on the amount of non-economic damages to suffering and pain which can lower a settlement's value.

Both sides will collect evidence from witnesses and prepare evidence once a lawsuit is filed. The parties will eventually meet to discuss possible solutions in settlement negotiations. If negotiations fail the case will go to trial where the jury and a judge will hear arguments and give an opinion. However, trials are typically more costly and time-consuming settlements. Therefore, it is recommended to settle as soon as you can.

Expert Witnesses

Expert witnesses can be a valuable aid in defending a claim for damages. They also play an important role in proving causation, which is essential to any medical malpractice claim. It could be difficult for jurors to determine if your child's injuries are the result of a doctor's infraction to accepted professional practices without expert testimony.

Your lawyer must establish the connection between negligence and the injuries suffered by your child in order to prove the causation. This can be done through various methods that include medical records and expert testimony. Your lawyer will know where to find the best expert witnesses to assist in your case.

Your legal team will determine the defendants involved in your child's birth injury case. They can include obstetricians and maternal-fetal medicine experts, nurses during birth and other healthcare providers. 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 may be complicated.

Your attorney will also need to calculate your child's future requirements for care. It can be difficult to estimate the costs of therapies and equipment, caregivers at home, further surgeries and procedures, and more. Your lawyer will work closely with expert witnesses to precisely determine the cost of future expenses.

Statute of Limitations

A birth injury case requires careful research and the involvement of medical experts. It is essential to select an attorney who has a thorough understanding of the subject, and who knows how to build a solid case.

The first step is to prove that the defendant violated his duty of care. This involves review of medical records and appointing the doctors involved. A lawyer can also employ medical experts to give an opinion as to whether the doctors acted properly in the circumstances.

Medical negligence is defined as the failure to adhere to the standards of care and expertise. This is applicable to doctors and other healthcare professionals, but is especially rigorous for specialists like Obstetricians who have extensive training and specialization. A legal claim also must establish the cause. 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 an injured child under New York law. However, minors aren't able to file a lawsuit themselves under CPLR Sec. 1207.1. They must be accompanied by a file for them by an adult or guardian. Medical malpractice claims must conform to the statutory limits on damages, including non-economic damages. The limit is usually determined by the court, and is usually determined by the number of similar cases in the state.

Getting Started

Receiving the proper recognition and compensation for a child's injuries due to medical malpractice or negligence during birth requires the assistance of a seasoned lawyer. A legal team that is competent will be able to analyze the numerous factors that affect a birth injury settlement and how to present them in court so that you receive the most amount of money.

The process begins with a complimentary consultation with your lawyer to establish an attorney-client relationship. After that your lawyer will begin investigating the case, which includes reviewing medical records and bringing experts who can define the accepted standards of care for the relevant procedure.

Your lawyer will also work with defendants' insurance companies and push them to settle for the right amount of damages. If that fails, your lawyer will make a claim against the medical providers and take the case to trial before a jury and judge.

Your lawyer will create the documents required to calculate the damages you and your child are entitled to. This includes the anticipated costs of future medical treatments as well as loss of income and other economic damages. Your lawyer will also be able to outline the costs over the life of your child's care for your child's injuries, which is known as life-care planning. This is usually a major part of the settlement awarded.