A birth injury settlement can help pay for long-term treatments that will allow your child to lead a more comfortable and healthy life. These treatments could include medication, home modifications and equipment like wheelchairs.
Many families settle their claims because medical malpractice lawsuits are not common. However, the amount of a settlement will depend on many aspects.
Damages
A birth injury litigation injury can affect the entirety of a child's development, including their quality of life. For instance, some patients require medication to treat their ailments and others require modifications to their homes or medical equipment like wheelchairs. Parents may also have to quit their jobs in order to care for their children, which can result in the loss of income. A lawyer will estimate the patient's lifetime costs for treatment, and then seek compensation to cover the costs.
The severity and length of the injury could influence the value of the settlement. For instance, a person with cerebral palsy is more likely to have a greater lifetime medical bill than someone suffering from Erb's Palsy or shoulder dystocia, which are less serious injuries. Certain states limit the amount of noneconomic damages for pain, suffering and emotional distress, which may reduce the value of a settlement.
If a lawsuit is filed, lawyers for both sides will prepare evidence and gather information from witnesses to support their allegations of negligence. In the end the parties will meet to discuss potential resolutions through settlement talks. If negotiations fail, the case could go to trial. A jury and judge will listen to arguments and then make a decision. However, trials are usually more costly and time-consuming than settlements. Therefore, it is recommended to settle as fast as you can.
Expert Witnesses
Expert witnesses can be a valuable asset in supporting a claim for damages. They can also be crucial in proving the cause of a medical malpractice case, which is an essential aspect. Without expert testimony, it could be difficult for a jury to determine whether the injuries suffered by your child were caused by the doctor who was accused of violating accepted professional practices.
To establish causation, your lawyer will need to establish a link between your negligence and the injury suffered by your child. This can be done using several methods such as medical records and expert testimony. Your lawyer will know where to find the most qualified expert witnesses to assist in your case.
Your legal team will be able to identify the defendants involved in your child's birth injury law injury lawsuit. This could include obstetricians medical specialists for maternal-fetal medicine, nurses during labor and delivery, as well as other healthcare providers. Then, they'll need to determine the standard of care that is usually defined by medical expertise. This will require a detailed review and analysis of your child's medical records which could be very complex.
Your attorney will need to determine the future needs of your child. This can be quite complicated as it involves estimating costs for equipment and therapies as well as in-home caregivers, further surgeries and procedures, and more. Your lawyer will work with expert witnesses to aid in accurately calculating the cost of these future expenses.
Statute of limitations
A birth injury case requires careful investigation and the involvement of medical experts. It is crucial to select a lawyer who has a extensive knowledge of the matter and knows how to build a strong case.
The first step is to establish that the defendant has breached his duty of care. This requires looking over medical records and taking depositions of the doctors involved. Attorneys will also consult medical experts to provide an opinion about whether the doctors were acting appropriately in the circumstances.
Medical negligence is defined as a non-observance of the standards of care and skill. This applies to doctors and other health professionals however it is more demanding for specialists such as obstetricians who are highly trained and have specialized expertise. A legal claim must also establish the cause. This means that the medical error directly caused the injury to the child.
New York law gives parents two years to file a malpractice suit on behalf of their child who has suffered injury. However, minors are not permitted to file a claim themselves under CPLR Sec. 1207.1. They must have a medical file for them by an adult or guardian. Medical malpractice claims must also conform to the statutory limits on damages, including noneconomic damages. This limit is typically set by the court and is usually based on the number of similar cases in the state.
Getting Started
An experienced attorney is necessary for obtaining the appropriate compensation and recognition for the injuries that a child may have suffered because of medical negligence or Birth Injury Settlement malpractice during birth injury settlement. A competent legal team knows how to evaluate the numerous aspects that impact the settlement for birth injuries, and how to present these in court to obtain the maximum financial award.
The process begins with a complimentary consultation with your lawyer to establish an attorney-client relationship. After that your lawyer will begin investigating the case, which includes reviewing medical records and bringing experts who can define the standard of care that is accepted for the procedure in question.
Your lawyer will also work with defendants' insurance companies and press them to settle for birth injury settlement reasonable damages. If this doesn't work, your lawyer will bring a lawsuit against the medical providers and take the case to trial before a judge and jury.
Your lawyer will draft the documents required to calculate the damages you and your child are entitled to. This will include the projected cost of future medical treatment, loss of income, and other economic damages. Your lawyer can also estimate the costs over the life of your child's care for your child's injuries. This process is known as life-care planning. This is usually a large portion of the settlement.
