A birth injury settlement can pay for long-term treatments which will help your child live a more comfortable life. The treatments include medications along with home modifications and equipment such as wheelchairs.
Many families settle their cases because medical malpractice lawsuits are not common. However, the amount of a settlement may depend on a variety of aspects.
Damages
A birth injury can impact every aspect of a child's life including their quality of living. Some patients may need medication to manage their symptoms, while others may require modifications to their homes or medical devices, such as wheelchairs. Parents may also have to leave their jobs to care for their children, which can result in losing income. A lawyer will estimate the estimated cost of treatment over the course of their life and then seek enough compensation to cover these expenses.
The amount of a settlement depends on the severity and duration of the injury. A person suffering from cerebral palsy will likely have more medical expenses over the course of their lifetime than someone with Erb's Palsy or Shoulder Dystocia. Additionally, some states have an upper limit on the amount of non-economic damages for suffering and pain, which could lower the value of a settlement.
Both sides will gather evidence from witnesses and create evidence after a lawsuit is filed. Eventually, both sides will meet to discuss possible resolutions via settlement talks. If negotiations fail, the matter could be brought to trial. A judge and jury will listen to arguments and decide. Trials are generally more expensive and long-lasting than settlements. Therefore, it is recommended to settle as soon as you can.
Expert Witnesses
Expert witnesses can be an invaluable source of evidence when defending any claim for damages. They can also play an important role in the process of proving causation, which is essential to any medical malpractice case. It can be difficult for jurors to determine if your child's injuries are the result of the defendant's infraction to accepted professional practices without the assistance of an expert.
Your lawyer must establish the connection between negligence and the harms suffered by your child in order to prove the causation. This can be done through many different methods that include medical records and expert testimony. Your lawyer can help you find the most qualified experts to help in your case.
Your legal team will be able to identify the defendants involved in your child's birth injury case. They could include obstetricians, maternal-fetal medicine experts, nurses during delivery and other healthcare providers. They must then establish the appropriate standards of care, which is generally determined by current medical knowledge. This will require a detailed review and examination of your child's medical records, which may be complex.
Your attorney will also need to determine your child's future care needs. This can be difficult, as it involves estimating costs for equipment and therapies as well as in-home caregivers, further procedures and surgeries and many more. Your lawyer will work with expert witnesses who will aid in accurately calculating these future expenses.
Statute of limitations
Building a birth injury case requires careful research and use of medical experts. It is important to select an attorney who has an in-depth understanding of the subject and who is able to construct an effective case.
The first step in a lawsuit is to prove that the defendant violated their duty of care. This requires the review of medical records as well as taking depositions of the physicians involved. Attorneys will also consult medical experts to provide an opinion on whether the doctors were acting appropriately in the circumstances.
Medical negligence is the inability to adhere to a set of standards of care and expertise. This standard applies to doctors and other health care professionals however, it is more rigorous for specialists like obstetricians who have extensive training and specialized expertise. A legal claim also 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 are not permitted to file a claim themselves under CPLR Sec. 1207.1. They must have a record 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 usually set by the court and is usually determined by the number similar cases in the state.
Getting Started
An experienced attorney is needed to obtain the proper compensation and acknowledgement for the injuries a child suffers due to medical negligence or malpractice at birth. The right legal team knows how to analyze the various factors that impact a birth injury settlement, and how to argue these in court to ensure you receive the maximum financial award.
A no-cost consultation with an attorney is the first step in establishing a connection between you and your lawyer. Once that is done your lawyer will conduct an investigation into the case, including looking over medical records and calling in expert witnesses who can determine the accepted standard of care for the relevant procedure.
Your lawyer will also negotiate with the defendants' insurance companies and push them to settle for the right amount of damages. If this doesn't work then your lawyer will make a claim against the medical providers and take the case to trial before a judge and jury.
When a verdict is reached Your lawyer will draft the legal documents which will be used to calculate the amount of damages you and your child should be entitled to. This will include the projected cost of future medical procedures as well as the loss of income and other economic damages. Your lawyer can also outline the life-long costs of care for your child's injuries. This is called life-care planning. This is typically a major part of the settlement.
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