How a Birth Injury Claim Works

If a medical professional was negligent and your child sustained injuries at birth, you may be entitled to compensation. Generally, the amount of compensation you receive will depend on a few variables.

The process of suing starts when your attorney files a complaint against defendants. Both sides will then go through discovery, where they will discuss evidence and other details that includes medical records.

Medical expenses

Medical expenses related to a birth injury can vary dramatically based on the severity of your child's injuries. For example broken bones could require surgery to fix them and can lead to ongoing physical therapy costs. Similar to that nerve damage resulting from harsh handling or pressure from a manual instrument can result in permanent pain and limitations. Your lawyer will analyze the medical needs of your child and estimate the costs for treatment over the course of their lives to ensure sufficient compensation to cover these.

You will need to show that the healthcare professional was owed the duty of care, that they violated their duty and that their lapse caused the injury to your child. It is often necessary to have medical experts examine the case and provide their opinion basing on their previous experiences.

Depending on the circumstances you might be able to mention a variety of healthcare professionals as well as hospitals in your lawsuit. This includes the doctor who delivered your baby and their assistants as well as the hospital where the birth took place. Your legal team will send letters to each of these parties informing them that a medical malpractice lawsuit has been made and that they have an opportunity to settle the matter prior to filing an action.

Pain and suffering

A birth injury lawyer injury lawsuit can result in the payment of compensation for emotional and physical injuries suffered by children. The amount of damage the family is awarded is determined by the severity of the injury as well as its impact on the child's life.

To be able to claim compensation parents must prove that the medical professional or facility failed to perform their duties in accordance with the standard of care. This means that a doctor or hospital's actions, or inactions, caused injuries to patients. Both sides usually employ medical experts to help determine the standards. Specialists, such as doctors of obstetrics, are held to higher standards.

Most birth injury cases settle rather than going to trial. Trials are expensive, time-consuming and expensive. Settlements enable families to receive financial compensation earlier and in a more amicable way. Settlements also ensure that children's future needs are satisfied. This may include the costs of a disability van, home modifications and specialized equipment in addition to regular medical treatment for ailments such as cerebral palsy.

Punitive damages

Punitive damages are the most severe award juries can award in a birth injury case. They are usually awarded to penalize the wrongdoer and discourage others from engaging in similar crimes. These awards are designed to make victims believe that their case was considered seriously.

A New York City personal injuries lawyer can help you determine your claim's value, including non-economic damages. They may also pursue a lawsuit seeking punitive damages, when they are appropriate. Punitive damages can be granted based on the defendant's conduct or a finding of moral immorality. They typically amount to four times the other damages awarded.

A lawyer can help you win you a significant award to help pay for medical costs for your child and other financial losses. They may also file a lawsuit for emotional trauma or other non-financial damages. Some states have caps on the amount of compensation that a victim may receive. Virginia is one of them. It restricts damages to the cost of treatment until the victim's 10th birthday. The other states have limitations on pain and suffering, as well as other types of damages.

Damages for non-economic damages

In many instances the injuries of a child will cause lifetime treatment. This includes medical care as well as therapies and other costs. It may also include lost earnings in the event that the injury can hinder the child's ability to work and earn a living. This is known as loss of consortium.

Your lawyer will assist you in calculating the total cost of your child's injuries, which includes non-economic damages. They will work with experts to construct a case that demonstrates how much your child was injured and the impact on their life. They will also make use of expert witnesses to prove the doctor's breach of duty of care.

They can request access to your child's medical records. They are crucial to your case. It is essential to request them as soon as you suspect that there is a birth injury since they are often lost or lost. Or, they are destroyed. Your attorney can help you get these documents as quickly as you can.

Damages for economic loss

A birth injury could result in a variety of costs that aren't immediately apparent. These include medical expenses that have already been paid, as well as the projected costs for future therapy and in-home medical care, medication, adaptive equipment, as well as transport to and from doctor and therapist appointments.

A severe disability can make it difficult for an person to earn a living. This could also impact a family's finances. Parents might need to quit their job or quit their job completely to take care of the child who is disabled, leading to the loss of wages.

Parents who file a birth injury claim should keep track of all costs and losses to determine their maximum possible award. If a jury or court awards damages, they take into consideration the victim's lifetime requirements. The higher the amount awarded and the more accurate the estimation of the future medical expenses. Non-economic damages can be difficult to quantify, but they can be also awarded. These may include emotional suffering, distress, loss of quality of life, and loss of consortium.