birth injury law firm Injury Settlement

A birth injury settlement can help pay for long-term treatments that help your child lead a more comfortable and healthy life. The treatments can include medication, home modifications and even equipment like wheelchairs.

Medical malpractice cases are not common and therefore many families decide to settle their cases. The amount of a settlement is contingent on a variety of factors.

Damages

A birth injury can affect all aspects of a child's life, including their quality of living. For example, some patients need medication to manage symptoms and others require modifications to their homes or medical equipment, such as wheelchairs. Parents may also be forced to quit their jobs to care for their children, birth injury which could result in losing income. A lawyer will estimate the cost of treatment for a patient's entire life and then seek compensation to pay for these costs.

The severity and length of the injury may determine the value of a settlement. A person with cerebral palsy is likely to have a higher medical cost over the course of their lifetime than someone with Erb's Palsy or Shoulder Dystocia. Certain states restrict the amount of non-economic damages for suffering, pain and emotional distress. This can reduce the value of a settlement.

Both sides will collect evidence from witnesses and prepare evidence after a lawsuit is filed. At some point the two sides will meet to discuss possible resolutions through settlement negotiations. If negotiations fail, the case could be brought to trial. A judge and jury will hear arguments and render a verdict. Trials are usually more expensive and long-lasting than settlements. It is best to settle your case as quickly as you can.

Expert Witnesses

Expert witnesses can provide crucial evidence to support the 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, Birth Injury it could be difficult for jurors to determine if the injuries suffered by your child resulted from the defendant doctor's departure from accepted professional practices.

To establish causation, your lawyer must establish a connection between the negligence and the injury suffered by your child. This can be done through many different methods such as medical records and expert testimony. Your lawyer will be able help you locate the best expert witness to aid your case.

Your legal team will determine the defendants involved in your child's birth injury lawsuit. They could include obstetricians, maternal-fetal medicine experts, nurses during birth and other healthcare providers. They'll then have to determine the appropriate standards of care, which is generally determined by current medical knowledge. This will require a thorough review of your child's medical records, which can be complex.

Your attorney will also have to estimate your child's future requirements for care. It isn't easy to estimate the cost of therapies and equipment, caregivers at home, additional surgeries and procedures and more. Your lawyer will collaborate with expert witnesses to accurately determine the cost of future expenses.

Statute of Limitations

A decatur birth injury lawyer injury case requires careful research and the involvement of medical experts. It is crucial to select an attorney with a extensive knowledge of the matter and who knows how to build a solid case.

The first step is to establish that the defendant has violated his duty of care. This requires review of medical records and depositions of the doctors involved. A lawyer will also engage medical experts to provide an opinion as to whether the doctors acted appropriately in the circumstances.

Medical negligence is the inability to meet a standard of care and expertise. This standard applies to doctors and other health professionals however, it is more strict for specialists such as obstetricians who have extensive training and specialized expertise. A legal claim must also establish causation, which means that a medical mistake directly caused the child's injury.

New York law gives parents two years to file a malpractice suit on behalf of a child who has suffered injury. Minors are not able to sue themselves according to CPLR Sec. 1207.1. They must have a record for them by the parent or guardian. Medical malpractice claims must also conform to the statutory limits on damages, including non-economic damages. This limit is typically set by the court, and is often based upon the number of similar cases in the state.

Getting Started

An experienced attorney is needed to secure the right amount of compensation and acknowledgement for the injuries a child has suffered due to medical negligence or malpractice in the course of birth. The legal team you choose can analyze the many different factors that influence a birth injury settlement and how to present them in court so that you get the maximum amount of financial compensation.

The process begins with a complimentary consultation with your lawyer to establish an attorney-client relationship. The lawyer will then look into the case by examining medical records and calling in experts to determine the accepted standard for the relevant procedure.

Your lawyer will also negotiate and push the insurance companies of the defendants to agree on a fair amount for damages. If that fails the lawyer will start a lawsuit against medical providers and take the case to trial before a jury and judge.

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 deserve. This includes the estimated cost of future medical treatment and loss of income and other economic damages. Your lawyer can also map out the lifetime costs of care for your child's injuries, which is called life-care planning. This is usually a large part of the settlement awarded.