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A birth injury settlement may provide long-term care that will allow your child to lead an easier lifestyle. These treatments can include medications, home modifications and devices like wheelchairs.
Many families settle their cases due to the fact that medical malpractice cases aren't very common. The amount of settlement is contingent on a variety of factors.
Damages
A birth injury can affect the entirety of a child's life including their quality of life. Some patients may need medication to manage their symptoms, while others could require home modifications or medical devices, such as wheelchairs. Parents could also have to leave their jobs to care for their children, resulting in the loss of income. A lawyer will estimate the cost of treatment for a patient's entire life, and then seek compensation to pay for these expenses.
The severity and length of the injury may determine the value of a settlement. For instance, a patient with cerebral palsy is likely to have a greater lifetime medical cost than a patient suffering from Erb's Palsy or shoulder dystocia which are less serious injuries. Some states limit the amount of noneconomic damages for suffering, pain and other emotional distress, which can reduce the value of a settlement.
Both sides will gather evidence from witnesses and prepare evidence when a lawsuit is filed. The parties will eventually meet to discuss possible solutions via settlement negotiations. If negotiations do not succeed, the case can proceed to trial. A judge and jury will hear arguments and make a decision. Trials are generally more expensive and time-consuming than settlements. Therefore, it is advisable to settle as quickly as you can.
Expert Witnesses
Expert witnesses can provide important evidence in support of any claim for damages. They can also play a critical role in the process of proving causation, which is an essential aspect of any medical malpractice claim. Without expert testimony, it might be difficult for a jury to determine whether your child's injuries were the result of the doctor's deviance from the accepted professional guidelines.
To prove causation, your attorney will need to establish a link between the negligence and the child's injuries. This can be done through several methods that include medical records and expert testimony. Your lawyer will know where to find the most qualified experts to aid in your case.
Your legal team will identify the defendants involved in your child's birth injury lawsuit. This could include obstetricians medical specialists for maternal-fetal medicine, nurses during the labor Birth Injury lawsuit and birth process, and other healthcare providers. They will then have to determine the standard of care that is usually determined by medical knowledge. This will require a detailed review and analysis of your child's records which could be very complex.
Your attorney must calculate the future care needs of your child. This can be difficult, because it involves estimating the cost for therapies and equipment such as in-home caregivers, surgeries and procedures and much more. Your lawyer will collaborate with expert witnesses to accurately determine the cost of 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 an attorney with deep knowledge of the subject matter and understands how to build a strong case.
The first step is to establish that the defendant acted in breach of his duty of care. This is done by looking over medical records and deposing the doctors involved. A lawyer can also employ medical experts to provide an opinion on whether the doctors acted properly in the circumstances.
Medical negligence is defined as a non-observance of an expected level of care and expertise. This standard applies to doctors and other health professionals however it is more rigorous for specialists like obstetricians who are highly trained and have specialized expertise. A legal claim must establish the causality. This means that the medical error directly caused the injury to the child.
New York law gives parents two years to file a malpractice lawsuit on behalf of a child who has suffered injury. However, minors aren't permitted to file a claim themselves under CPLR Sec. 1207.1. They must have a file for them by the parent or guardian. Medical malpractice cases are also subject to the statutory limitations on damages, which include non-economic damages. This limit is typically set by the court, and is usually dependent on the number of similar cases in the state.
Getting Started
An experienced attorney is necessary to secure the right amount of compensation and recognition for the injuries a child has sustained because of medical negligence or malpractice during birth. A competent legal team can analyze the many different factors that impact a birth injury settlement and how to argue for them in court so that you get the maximum amount of financial compensation.
The procedure begins with a free consultation with your lawyer to establish an attorney-client relationship. After that your lawyer will conduct an investigation into the case, including looking over medical records and calling in expert witnesses who can define the accepted standard of care for the particular procedure.
Your lawyer can also negotiate with and push the insurance companies of the defendants to agree on a fair amount for damages. If this doesn't work your lawyer will file a suit against the medical providers to take the case before a jury and judge.
Your lawyer will create the necessary documents to calculate the damages that you and your child are entitled to. This includes the anticipated costs of medical treatment in the future and loss of income and other economic damages. The lawyer can also estimate the life-long costs of care of your child's injuries. This is known as a life-care strategy. This is typically a major portion of the settlement.
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