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What is the max u can settle for in mediation in med malpractice with a child b4 and after birth with hosp/doc?

New York, NY |

my child has a trach due to scar tissue and other medical mishaps by a hospital that will effect her for life. we go to mediation next week.?

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Attorney answers 5

Posted

This is way too serious a question for an off-the-cuff response, and anything more meaningful would require a lot more information. If you have an attorney, your attorney can give you a good answer, if not, I strongly suggest you DO NOT attend a mediation without one. Good luck!

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Posted

Generally, in mediation a number can be put on the case, and your lawyer would see if this matter could be resolved without having to go to trial.

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John K Lassen

John K Lassen

Posted

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Posted

There are no "caps" in New York (yet) so the max you can settle for is the best offer the defendants are willing to make. Apparently your lawyer has not told you what to expect at the mediation, which is actually a good thing. It's never a good idea for the client to ask an attorney what has been demanded, or for an attorney to offer an opinion on the value of a case before there is money on the table. There are just too many variables involved.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

Posted

Since you are dealing with a minor, a Judge will have to approve any settlement that you agree to. They Judge who approves the settlement will understand that malpractice cases are expensive to try, and difficult to win, and that a settlement is definite. What is fair depends on the injury and what will be required in the future. This needs to be addressed with your lawyer and the mediator. You certainly do not give enough information here.

Posted

If you have an attorney you should direct your question there. If not, I STRONGLY suggest consulting an attorney RIGHT AWAY. Please view this video as it may prove helpful when answering your question:
http://www.youtube.com/watch?v=DS0b7DZjBDY&list=UUGxfHN0ngNZNv8F-wkxqAtQ&index=10&feature=plcp

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