Birth Injury Compensation

It can be devastating If your child suffers a birth injury due to the negligence of a doctor. These injuries often require lifetime treatment and treatment, which can result in immense financial burdens.

A lot of birth injury cases require a lengthy debate on medical malpractice versus medical errors. Our lawyers can help discern the differences.

Costs of Treatment

Insurance companies, attorneys and judges consider the severity of the birth injury and the impact it can have on the child's life when determining the amount compensation to be paid. For instance when a child needs an ongoing medical procedure that will increase the value of an insurance claim.

Medical treatment for birth injury can be expensive. Compensation for birth injuries can assist families with these costs. Lawyers and experts often work together to develop a "Life Care Plan" which estimates the costs of a child's injury over the course of his or her life. These include hospitalization expenses, surgical intervention, specialized medical treatment, prescriptions, home renovations and other equipment, and many more.

Your legal team will collect medical records from the pregnancy as well as the birth of your child, as well as personal accounts from relatives. These records will be used to prove that your child was injured as a result of medical malpractice and to prove the extent to which the injury occurred.

Many states have established medical indemnity funds, which provide financial aid to families of children born with birth injuries. These funds take a percentage of malpractice insurance premiums or require hospitals and doctors to contribute to an investment fund. In addition to providing financial support, these programs can also help reduce the requirement for families to pursue a lawsuit. JLARC staff however found that these programs did not always meet their goals and could be improved.

Life Care Planning

Children with conditions such as cerebral palsy or hypoxic ischephalopathy will require medical treatment throughout their lives. These include physical therapy, specialized equipment, and home health. These expenses can be substantial.

A life-care plan is a document that specifies the future medical educational, in-home, and other expenses a disabled child will incur for the rest of his or their life. These plans are often utilized to calculate the amount of the damages awarded in a birth injury lawsuit. These plans must be comprehensive and carefully written in order to satisfy the strict requirements of admissibility.

Experts in life-care planning can assist in the creation of these documents by utilizing the input and the formal opinions of a child with disabilities' doctors, therapists, and caregivers. The plans also include an in-depth description of the initial injury and diagnosis. They also explain the root cause of the disability as well as the long-term consequences.

A medical malpractice lawyer must collaborate with a health care planner to develop the most suitable plan for their client's situation. The goal of the plan is to ensure that your child receives the proper compensation to cover the cost of all of their future medical and other expenses. The funds are usually put into a trust account for special needs, which is administered by an administrator approved by the trustee. The amount awarded is typically adjusted regularly to reflect the changing requirements of your child.

Pain and Suffering

In a birth injury lawsuit the damages awarded are for the plaintiff's past as well as future suffering and pain. This includes mental and physical suffering from the injury as well as an inability to engage in activities that are enjoyed by others.

It is also possible to get compensation for the loss of income when a victim's disability limits their professional options or prevents them from working in any way. Families could also be compensated for the care of an injured child.

Medical malpractice cases typically have very high verdicts due to the fact that juries are more likely to show compassion for the victims and hold doctors accountable for errors. Because of this, some hospitals and doctors prefer to settle instead of undergoing a trial, which is costly and stressful for the parties involved.

During the trial attorneys from both sides will gather evidence to back their arguments. They will exchange documents through a process known as discovery, which includes deposing witnesses to get statements under swearing. The defendants may also ask to review the medical records of the plaintiff as it is legal in the majority of states.

A successful birth injury law firms injury claim requires a lawyer with experience in these types of cases. An experienced lawyer will evaluate your case to determine whether you are entitled to a lawsuit and work to achieve the highest settlement.

Punitive Damages

Some medical malpractice lawsuits contain punitive damages, which are meant to send a message and deter future negligent behavior. They may be awarded in instances of grave negligence or when there was negligence on the part of the doctor. However, they are not common in birth injury cases.

After the attorney has identified the appropriate defendants, they have to collect and analyze evidence to support their assertions. They must demonstrate that the injuries sustained by medical professionals did not comply with a high level of care. The legal team also has to provide evidence of the damages resulting from these injuries, also known as "damages." The information can be both economic and non-economic in nature.

Economic losses are calculated by estimating ongoing treatment costs, including long-term facilities and other services. It is also possible to include loss of earnings in the event that the injury has caused one or both parents to quit their jobs.

The legal team will then create a demand document for the malpractice lawyers. The document will detail the birth injury and the impact it has on the child and their family in order to seek compensation to cover the cost of these losses. The lawyers will negotiate until a settlement is reached with the medical professionals. In this process, lawyers will share information about their cases with the other side through discovery, which includes depositions of witnesses who testify under an oath.