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Birth Injury Settlement A settlement for a birth injury could provide longterm care that helps your child lead a more comfortable lifestyle These treatments may include medication home modifications and equipment such as wheelchairs Many families settle their claims because medical malpractice cases arent very common However the amount of a settlement will depend on many aspects Damages Birth injuries can impact all aspects of a childs life including their quality of life For instance some people require medication to treat their symptoms and others require home modifications or medical equipment like wheelchairs Parents could also be forced to quit their jobs to take care of their children which can result in losing income A lawyer will estimate the patients lifetime treatment costs and then seek compensation to cover these expenses The severity and duration of the injury could determine the value of a settlement For instance a patient with cerebral palsy is more likely to have a higher lifetime medical expenses than a person suffering from Erbs Palsy or shoulder dystocia which are injuries that are less severe Some states restrict the amount of noneconomic damages for suffering pain and other emotional distress which can reduce the value of a settlement Both sides will gather evidence from witnesses and prepare evidence once a lawsuit has been filed Eventually both sides will meet to discuss potential resolutions through settlement negotiations If negotiations fail the case could proceed to trial A judge and jury will hear arguments and then make a decision Trials are usually more expensive and lengthy than settlements It is best to settle your case as quickly as possible Expert Witnesses Expert witnesses can provide crucial evidence to support an action for damages They can also be crucial in proving that the cause of a medical malpractice case which is an essential element It could be difficult for jurors to decide if your childs injuries are the result of the defendants infraction to accepted professional practices without expert testimony To prove causation your attorney will need to establish a connection between the negligence of your child and the injuries This can be done through various methods that include medical records and expert testimony Your lawyer will know how to locate the most qualified experts to testify in your case Your legal team will identify the defendants involved in your childs birth injury case These can include obstetricians maternalfetal medicine specialists nurses during labor and delivery and other healthcare providers Theyll need to establish the appropriate standard of care which is typically determined by the current medical knowledge This will require a detailed review and examination of your childs medical records which could be quite complex Your attorney will have to determine the future needs of your child birth injury lawsuit maryland can be a bit complicated because it involves estimating the costs for equipment and therapies inhome caregivers additional procedures and surgeries and many more Your lawyer will work with experts who can assist in calculating these future expenses Statute of Limitations A birth injury case requires careful research and the involvement of medical experts It is important to select an attorney who has a thorough understanding of the subject matter and who knows how to create an effective case The first step in a lawsuit is to prove that the defendant has violated their duty of care This is done by looking over medical records and deposing the doctors involved Lawyers will also employ medical experts to provide an opinion on whether or not the doctors acted appropriately in the circumstances Medical negligence is the failure to adhere to a standard of care and expertise This standard is applicable to doctors and other healthcare professionals but is especially specific for specialists like obsetricians who have a vast education and specialized knowledge A legal claim must establish the causality This means that the medical error directly caused the injury to the child New York law gives parents two years to file a malpractice lawsuit on behalf of a child who has been injured However minors arent allowed to file a lawsuit themselves under CPLR Sec 12071 They must have a medical file for them by the parent or guardian Medical malpractice claims must comply with statutory limits on damages which includes noneconomic damages The limit is usually determined by the court and is often based upon the number of similar claims in the state Getting Started An experienced attorney is necessary to get adequate compensation and recognition of the injuries a child suffers because of medical negligence or malpractice during birth A legal team that is knowledgeable knows how to evaluate the many factors that impact the settlement for birth injuries and how to argue for these in court to ensure you receive the most financial compensation A complimentary consultation with an attorney is the initial stage in establishing a rapport between you and your lawyer After that your lawyer will begin investigating the case including reviewing medical records and calling in expert witnesses who can define the accepted standards of care for the particular procedure Your lawyer will also negotiate and push insurance companies of the defendants on a fair amount for damages If this doesnt work then your lawyer will file a suit against the medical providers to present the case to an audience and a judge Your lawyer will create the documents needed to calculate the amount of damages you and your child are entitled to This includes the anticipated costs of medical treatment in the future and loss of income and other economic damages Your lawyer may also calculate the lifetime costs for care of your childs injuries This is referred to as a lifecare program This is usually a major component of the settlement you receive
