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A settlement for a birth injury could provide long-term care that will allow your child to lead a more relaxed lifestyle. The treatments can include home modifications, medication and other equipment, such as wheelchairs.
Many families settle their cases due to the fact that medical malpractice cases aren't very common. However, the amount of settlement is contingent on a number of aspects.
Damages
birth injury attorney injuries can affect all aspects of the child's life, including their quality of living. For instance, some children require medication to treat their symptoms and others require modifications to their homes or medical equipment like wheelchairs. Parents could also be forced to quit their jobs to take care of their children, resulting in the loss of income. A lawyer will determine the estimated lifetime treatment costs and request enough compensation to cover the costs.
The value of a settlement also depends on the severity and length of the injury. For instance, a patient 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 injuries that are less severe. Some states restrict the amount of non-economic damages for pain, suffering and emotional distress. This can reduce the value of a settlement.
Both sides will gather evidence from witnesses and prepare evidence once a lawsuit has been filed. The parties will eventually meet to discuss possible solutions via settlement negotiations. If negotiations fail, the matter could go to trial. A judge and jury will hear arguments and Birth Injury Lawsuit render a verdict. However, trials are typically more costly and time-consuming settlements. Therefore, it is best to settle as quickly as you can.
Expert Witnesses
Expert witnesses can provide crucial evidence in support of a claim for damages. They can also be crucial in proving the causality of an injury resulting from medical malpractice which is a crucial element. Without expert testimony, it may be difficult for jurors to determine if your child's injuries were the result of the doctor's deviance from the accepted standards of professional practice.
To establish causation, your lawyer will need to establish a connection between the negligence and your child's injuries. This can be done through many different methods including medical records, as well as expert testimony. Your lawyer will be able assist you in finding the right expert witness to help you in your case.
Your legal team will be able to identify the defendants involved in your child's birth injury lawsuit. They may include obstetricians, maternal-fetal medicine experts, nurses during birth and other healthcare providers. They will then need to determine the quality of care that is generally defined by medical knowledge. This will involve a detailed review of your child's medical records, which can be complex.
Your attorney will need to calculate the future care needs of your child. It isn't easy to estimate the cost of therapies and equipment caregivers at home further surgeries and procedures, and more. Your lawyer will work 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 the use of medical experts. It is essential to select an attorney who has a deep knowledge of the subject matter and understands how to build a strong case.
The first step is to prove that the defendant has breached his duty of care. This is done by looking over medical records and deposing the doctors involved. A lawyer will also hire medical experts to give an opinion on whether the doctors acted in a proper manner under the circumstances.
Medical negligence is defined as the non-observance of the standard of care and skill. This standard applies to doctors and other healthcare professionals, but it's especially strict for specialists such as obsetricians, who have a vast education and specialized expertise. A legal claim must also establish causation, which means that a medical mistake directly caused the child's injury.
Parents have two years to file a malpractice claim on behalf of their child injured under New York law. Minors cannot sue themselves according to CPLR Sec. 1207.1. They must have a medical file for them by an adult or guardian. Medical malpractice claims are also subject to statutory limitations on damages, which includes non-economic damages. This limit is typically set by the court and is usually based on the number of similar cases in the state.
Getting Started
Recognizing and obtaining compensation for injuries sustained by a child caused by medical malpractice or negligence at birth requires the assistance of an experienced attorney. The right legal team can analyze the many different factors that affect a birth injury settlement and how to argue them in court to ensure you receive the maximum amount of money.
A free consultation with an attorney is the initial step in establishing a connection between you and your lawyer. After that, your lawyer will investigate the case, including looking over medical records and calling expert witnesses to determine the accepted standard of care for the procedure in question.
Your lawyer can also negotiate and push the insurance companies of the defendants to agree on a fair amount for damages. If that fails the lawyer will make a claim against the medical professionals and bring the case to trial before a jury and judge.
If a decision is reached, your lawyer will draft the documents that will be used to calculate the amount of damages you and your child owe. This includes the estimated cost of future medical treatment and loss of income and other economic damages. Your lawyer will also be able to outline the life-long costs of care for your child's injuries, a process known as life-care planning. This is often a significant part of the settlement awarded.
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