Birth Injury Settlement
A settlement for a birth injury could provide long-term care that will allow your child to lead an easier life. These treatments can include medication, home modifications and other equipment, such as wheelchairs.
Many families settle their cases since medical malpractice trials are rare. However, the amount of a settlement is contingent on a number of factors.
Damages
Birth injuries can impact all aspects of a child's life, including the quality of living. For instance, some people require medication to treat their symptoms and others require home modifications or medical equipment like wheelchairs. Parents may also be forced to quit their jobs to care for their children, which could result in losing income. A lawyer will assess a patient's estimated cost of treatment over the course of their life and then seek enough compensation to cover these expenses.
The value of a settlement depends on the severity and duration of the injury. For instance, a patient with cerebral palsy is likely to have a much higher lifetime medical expense than someone with Erb's Palsy or shoulder dystocia which are less serious injuries. Additionally, certain states impose limits on the amount of non-economic damages that can be awarded for pain and suffering and this could decrease a settlement's value.
When a lawsuit is filed, lawyers for both sides will create evidence and collect details from witnesses to support their accusations of negligence. Both sides will eventually meet to discuss possible solutions through settlement talks. If negotiations do not succeed, the case can be heard in court. A jury and judge will listen to arguments and decide. Trials tend to be more expensive and long-lasting than settlements. Therefore, it is advisable to settle as soon as you can.
Expert Witnesses
Expert witnesses can be a valuable source of evidence when defending a claim for damages. They can also be crucial in proving the causation of a medical malpractice case which is an essential element. Without expert testimony, it could be difficult for jurors to determine if the injuries suffered by your child were the result of the defendant doctor's deviation from established professional standards.
To establish causation, your lawyer must establish a connection between the negligence and the child's injuries. This can be accomplished through many different methods such as medical records and expert testimony. Your lawyer will know how to locate the best expert witnesses to assist in your case.
Your legal team will be able to identify all the defendants in the case of birth injury to your child. They could include obstetricians as well as maternal-fetal medicine experts, nurses during birth and other healthcare providers. They'll need to establish the appropriate standards of medical care, which is usually established by the existing medical knowledge. This will require a thorough review of the medical records of your child, which can be a bit complicated.
Your attorney will have to determine the needs for future care of your child. This can be difficult, because it involves estimating the costs for therapies and equipment such as in-home caregivers, procedures and surgeries and many more. Your lawyer will work with expert witnesses who will aid in accurately calculating the cost of these future expenses.
Statute of Limitations
A
birth injury law firm injury case requires careful research and the recourse to medical experts. It is important to choose a lawyer who has a thorough understanding of the matter and understands how to build a solid case.
The first step is to establish that the defendant acted in breach of his duty of care. This requires reviewing medical records and deposing the doctors involved. A lawyer will also engage medical experts to provide an opinion on whether or not the doctors acted in a proper manner under the circumstances.
Medical negligence is defined as a non-observance of the standard of care and skill. This standard is applicable to doctors and other healthcare professionals, but it is particularly strict for specialists such as obsetricians, who have a vast education and expertise. A legal claim must also establish causation, which implies that a medical mistake directly caused the injury to the child.
New York law gives parents two years to file a malpractice lawsuit on behalf of their child who has been injured. Minors cannot sue themselves pursuant to CPLR Sec. 1207.1. They must have a medical file for them by a parent or guardian. Medical malpractice claims must conform to the statutory limits on damages, including noneconomic damages. This limit is typically set by the court and is often based on the number of similar cases in the state.
Getting Started
The right amount of recognition and compensation for injuries sustained by a child due to medical malpractice or negligence at birth requires the help of an experienced lawyer. A legal team that is competent will know how to evaluate the many different factors that influence a birth injury settlement and how to present them in court to ensure that you receive the highest financial compensation.
The process begins with a free consultation with your lawyer to establish an attorney-client relationship. Once that happens, your lawyer will investigate the case, including reviewing medical records and calling in expert witnesses who can determine the accepted standard of care for the specific procedure.
Your lawyer will also meet with insurance companies of the defendants and pressure them to settle for the right amount of damages. If this doesn't work then your
lawyer will make a claim against the medical professionals and bring the case to trial before a judge and jury.
If a verdict is made after a verdict is reached, your lawyer will draft the documents which will be used to calculate the damages you and your child should be entitled to. This will include the projected costs of any future medical treatment 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, a process called life-care planning. This can be a significant component of the settlement you receive.