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Birth Injury Settlement A settlement from a birth injury may provide longterm care which allows your child to live an easier lifestyle These treatments can include medications along with home modifications and equipment like wheelchairs Medical malpractice trials are rare which is why many families opt to settle their cases The amount of settlement will depend on several factors Damages A birth injury can affect all aspects of a childs existence including their quality of life Some patients may need medication to treat their ailments while others may require modifications to their homes or medical devices such as wheelchairs Parents might also have to quit their jobs to take care of their children resulting in an income loss A lawyer will estimate the cost of treatment for a patients entire life and then seek compensation to pay for the cost The severity and duration of the injury will also determine the value of a settlement A patient with cerebral palsy is likely to incur greater medical expenses over the course of their life than those suffering from Erbs Palsy or Shoulder Dystocia Furthermore some states put a limit on the amount of noneconomic damages to pain and suffering which can lower a settlements value When a lawsuit is filed lawyers on both sides prepare evidence and gather details from witnesses to support their allegations of negligence The parties will eventually meet to discuss solutions that could be reached through settlement talks If negotiations fail the matter could be heard in court A judge and jury will listen to arguments and decide However trials tend to be more expensive and timeconsuming than settlements Therefore it is advisable to settle as quickly as you can Expert Witnesses Expert witnesses can be an invaluable resource in proving any claim for damages They also play an important role in showing causation which is a necessary element of any medical malpractice claim It may be difficult for jurors to decide if your childs injuries are the result of the defendant doctors deviation from the accepted standards of professional practice without expert testimony Your attorney must establish a link between negligence and the injuries sustained by your child to prove the causation This can be accomplished by different methods like medical records and expert witness testimony Your lawyer will know how to locate the best experts to aid in your case Your legal team will determine the defendants involved in your childs birth injury case They could include obstetricians maternalfetal medicine experts nurses during birth and other healthcare professionals Theyll need to establish the proper standards of care which is typically defined by existing medical knowledge This requires a thorough review of the medical records of your child that can be quite complex Your attorney will need to determine the needs for future care of your child It isnt easy to estimate the costs of therapies and equipment caregivers at home more surgeries and procedures and many more Your lawyer will collaborate with expert witnesses to accurately calculate future expenses Statute of limitations A birth injury case requires careful research and use of medical experts It is essential to select an attorney who has an understanding of the subject and is able to construct a solid case The first step in a lawsuit is to prove that the defendant violated their duty of care This includes reviewing medical records and deposing the doctors involved An attorney will also engage medical experts to provide an opinion about whether the doctors acted appropriately under the circumstances Medical negligence is the failure to adhere to a set of standards of care and knowledge This standard applies to healthcare providers and doctors professionals but is especially specific for specialists like doctors of obstetrics with their extensive education and specialized knowledge A legal claim must also establish the cause This means that the medical error directly caused the injury to the child Parents have two years to file a malpractice claim on behalf of their child injured under New York law Minors are not able to sue themselves according to CPLR Sec 12071 They must have a medical file for them by a parent or guardian Medical malpractice claims are subject to the statutory limitations on damages which includes noneconomic damages This limit is usually set by the court and is usually determined by the number similar cases in the state Getting Started The right amount of recognition and compensation for a childs injuries caused by medical malpractice or negligence during birth requires the assistance of a seasoned attorney birth injury attorney plymouth choose is aware of how to evaluate the many factors that impact the settlement of a birth injury and how to argue for these in court to get you the maximum financial award A nocost consultation with an attorney is the first step in establishing a relationship between you and your lawyer Your lawyer will then conduct an investigation into the matter by looking over 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 settle on a fair amount of damages If that doesnt work then your lawyer will bring a lawsuit against the medical providers and take the case to trial before a jury and a judge When a ruling is reached your lawyer will draft the legal documents that will be used to calculate the damages you and your child owe This will include the projected cost of future medical procedures loss of income and other economic damages The lawyer can also estimate the cost of care for your child over the course of his life of your childs injuries This is referred to as lifecare plan This usually is a large portion of the settlement
