griffin birth injury lawsuit Injury Settlement

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 along with home modifications and equipment such as wheelchairs.

Many families settle their claims because medical malpractice cases aren't very common. The amount of a settlement depends on a number of factors.

Damages

A birth injury can affect all aspects of a child's life including their quality of living. Some patients may need medication to manage their ailments, while others may require home modifications or medical devices such as wheelchairs. Parents may also have to leave their jobs to take care of their children, resulting in an income loss. A lawyer will determine the estimated cost of treatment over the course of their life and then seek enough compensation to cover those expenses.

The amount of a settlement depends on the severity and length of the injury. A person with cerebral palsy is likely to have greater medical expenses throughout their life than a person with Erb's Palsy or Shoulder Dystocia. Certain states limit the amount of noneconomic damages for birth injury pain, suffering and other emotional distress, which can lower a settlement value.

Both sides will collect evidence from witnesses and prepare evidence after a lawsuit is filed. Both sides will eventually meet to discuss possible solutions via settlement negotiations. If negotiations fail, the case may be heard in court. A judge and jury will listen to arguments and make a decision. Trials can be more costly and long-lasting than settlements. Therefore, it is best to settle as quickly as you can.

Expert Witnesses

Expert witnesses can be an invaluable asset in supporting the claim for damages. They can also be vital in proving the causation of a medical malpractice case and is a vital aspect. Without expert testimony, it could be difficult for jurors to determine whether the injuries suffered by your child were caused by the doctor's deviance from established professional standards.

Your lawyer must establish the connection between negligence and the injuries suffered by your child to prove causation. This can be done by a variety of means that include medical records and expert testimony. Your lawyer will be able to help you find the best expert witness to aid your case.

Your legal team will help you identify the defendants in the birth injury case of your child. This could include obstetricians medical specialists for maternal-fetal medicine, nurses during labor and delivery, and other healthcare providers. They will then have to determine the quality of care that is generally defined by medical expertise. This will require a thorough review of the medical records of your child, which can be complex.

Your attorney will need to estimate the future needs of your child. This can be a bit complicated as it involves estimating costs for therapies and equipment, in-home caregivers, additional procedures and surgeries, and more. Your lawyer will collaborate with experts who can help to accurately calculate these costs in the future.

Statute of limitations

The process of preparing a birth injury lawsuit requires careful research and recourse to medical experts. It is crucial to select an attorney who has an understanding of the subject matter and who knows how to build a solid case.

The first step in a lawsuit is establishing that the defendant violated their duty of care. This is done by reviewing medical records and deposing the doctors involved. A lawyer will also engage medical experts to give an opinion on whether or not the doctors acted in a proper manner under the circumstances.

Medical negligence is defined as a inability to meet an expected level of care and proficiency. This is applicable to doctors and other healthcare professionals, but is especially specific for specialists like obstetricians with their extensive training and specialized expertise. A legal claim must establish the causality. 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 a child who has been injured under New York law. However, minors aren't legally able to file a lawsuit themselves under CPLR Sec. 1207.1. They must have a record for them by the parent or guardian. Medical malpractice claims must also conform to the legal limits for damages, which includes non-economic damages. The limit is usually determined by the court and is often determined by the number of similar cases in the state.

Getting Started

Receiving the proper recognition and compensation for a child's injuries due to medical malpractice or negligence during birth requires the help of an experienced attorney. A competent legal team knows how to evaluate the numerous aspects that impact the settlement for a birth injury and how to present these in court to get you the most money-based settlement.

A free consultation with an attorney is the first stage in establishing a rapport between you and your lawyer. Once that is done the lawyer will then investigate the case, including looking over medical records and bringing expert witnesses to define the accepted standards of care for the relevant procedure.

Your lawyer can also negotiate and push the insurance companies of the defendants to settle on a fair amount for damages. If this fails your lawyer will bring a lawsuit against the medical professionals and bring the case to trial before a judge and jury.

Your lawyer will create the documents necessary to calculate the amount of damages you and your child are entitled to. This will include the projected expenses of future medical treatments or loss of income, as well as other economic damages. Your lawyer may also calculate the cost of care for your child over the course of his life of your child's injuries. This is referred to as a life-care program. This usually is a large part of the settlement.