Birth Injury Settlement
A settlement for a
birth injury lawyer injury can help pay for long-term treatments that allow your child to lead a more comfortable and healthy life. These treatments may include medication, home modifications, and equipment such as wheelchairs.
Many families settle their cases due to the fact that medical malpractice
lawsuits are not common. However, the amount of a settlement may depend on a variety of factors.
Damages
A birth injury can impact all aspects of a child's existence, including their standard of living. For example, some patients require medication to manage their symptoms and others require home modifications or medical equipment, such as wheelchairs. Parents might also have to quit their jobs to take care of their children, which can result in a loss of income. A lawyer will assess a patient's estimated lifetime costs for treatment and seek enough compensation to cover these expenses.
The severity and length of the injury will also determine the value of a settlement. For instance, a person with cerebral palsy is likely to suffer a higher life-time medical expense than someone with Erb's Palsy or shoulder dystocia which are injuries that are less severe. Additionally, some states have an upper limit on the amount of non-economic damages to pain and suffering that could reduce a settlement's value.
When a lawsuit is filed, attorneys for both sides will create evidence and collect evidence from witnesses to back their assertions of negligence. Then the two sides will meet to discuss possible resolutions via settlement talks. If negotiations are unsuccessful then the case can go to trial where the jury and judge will hear arguments and issue the verdict. Trials can be more costly and take longer than settlements. Therefore, it is advisable to settle as soon as you can.
Expert Witnesses
Expert witnesses can be valuable evidence to support any claim for damages. They can also be essential in proving the cause of the medical malpractice claim which is an essential aspect. It may be difficult for jurors to decide if your child's injuries result of the doctor's deviation from the accepted standards of professional practice without the assistance of an expert.
Your attorney will have to establish the connection between negligence and the injuries sustained by your child to establish the causality. This can be done by many different methods that include medical records and 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 determine the defendants in the event of birth injuries to your child. They could include obstetricians as well as maternal-fetal medicine experts, nurses during delivery and other healthcare providers. They will then need to determine the appropriate standard of care, which is usually defined by existing medical knowledge. This will require a detailed review and analysis of your child's medical records which could be quite complex.
Your attorney will also need to estimate your child's needs for care. This can be a bit complicated because it involves estimating the cost for equipment and therapies and caregivers at home, as well as additional surgeries and procedures, and more. Your lawyer will collaborate with expert witnesses to precisely calculate the future costs.
Statute of Limitations
A birth injury case requires careful investigation and the involvement of medical experts. It is essential to choose a lawyer who has a profound understanding of the matter and knows how to build a strong case.
The first step in a lawsuit is to establish that the defendant breached their duty of care. This involves review of medical records and depositions of the doctors involved. Attorneys will also consult medical experts to give an opinion on whether or not the doctors acted in a proper manner under the circumstances.
Medical negligence is the failure to follow a certain standard of care and competence. This applies to doctors and other health care professionals however it is more difficult for obstetricians, such as those who have extensive training and specialized expertise. A legal claim 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 a child who is injured under New York law. However, minors are not able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a record for them by an adult or guardian. Medical malpractice cases are also subject to the statutory limitations on damages, which include non-economic damages. The limit is usually determined by the court and is often determined by the number similar cases in the state.
Getting Started
A skilled attorney is required to obtain the proper compensation and acknowledgement for the injuries a child suffers because of medical negligence or malpractice at
birth injury law firm. A competent legal team knows how to evaluate the numerous factors that affect the settlement for a birth injury and how to argue these in court to secure the most financial compensation.
The process begins with a free consultation with your lawyer to establish an attorney-client relationship. Your lawyer will investigate the case by reviewing medical records and contacting expert witnesses to define the acceptable standard for the relevant procedure.
Your lawyer will also negotiate with and push the insurance companies of the defendants on a fair amount of damages. If this doesn't work then your lawyer will file a lawsuit against the medical practitioners to take the case before an audience and a judge.
If a decision is reached after a verdict is reached, your lawyer will draft the legal documents that will be used to calculate the damages you and your child are entitled to. This includes the projected costs of any future medical treatment as well as loss of income and other economic damages. Your lawyer can also outline the cost of care over the course of time for your child's injuries, which is called life-care planning. This is usually a large part of the settlement award.