How a Birth Injury Claim Works

If medical professionals were negligent and your baby suffered injuries during birth, you could be entitled to compensation. In general, the amount of money you get will be contingent on a few factors.

The process of suing begins when your attorney files a lawsuit against defendants. Both sides will participate in discovery, where they will exchange information and evidence, which could include medical records.

Medical expenses

Medical expenses associated with birth injuries can vary dramatically based on the severity of the injuries your child sustains. Broken bones, for instance could require surgery as well as long-term therapy. Additionally, nerve damage caused by pressure from a manual or rough handling during the delivery can cause permanent limitation and pain. Your lawyer will assess your child's medical needs and estimate the costs for treatment over the course of their lives to ensure enough compensation to cover them.

You must show that the healthcare professional owed you a duty, that they breached this duty and that their negligence caused your child's injuries. The most common way to prove this is for medical experts to look over the case and give an opinion based on their experiences.

Based on the circumstances, you may be able to name several healthcare professionals and hospitals in your lawsuit. This includes the doctor who gave birth to your baby, the staff members and the hospital in which the birth occurred. Your legal team will write to all of these individuals to inform them that a claim for medical malpractice has been filed. They may resolve the issue without having to file an action.

Pain and suffering

A birth injury lawsuit may result in compensation for emotional and physical harms sustained by children. The amount of damages an individual family receives is contingent on the severity of the injuries and the impact on a child's life.

Parents must show that the medical professional or facility did not operate in accordance with the standard of care to prevail in an award. This means that the physician or hospital acted with a lack of skill or judgement in a situation where their actions or inaction resulted in the victim to suffer a medical injury. Medical experts are frequently consulted by both sides to define this standard. Specialists, like doctors of obstetrics, are held to higher standards.

Most cases involving birth injuries settle, rather than go to trial. Trials can be risky, lengthy and costly. Settlements offer families financial compensation sooner and in a less adversarial process. Settlements will ensure that the needs of the future of children are met. This can include the cost of a disability van or home modifications, as well as specialized equipment and ongoing medical treatment for conditions like cerebral palsy.

Punitive damages

Punitive damages are the most severe awards a jury could make in cases involving birth injuries. They are often awarded to penalize the wrongdoer and discourage others from committing similar offenses. The aim of these awards is to convince victims that their case was taken seriously.

A New York City personal injury lawyer can assist you in determining the worth of your claim, including non-economic damages. They may also pursue a lawsuit seeking punitive damages if they are appropriate. Punitive damages may be determined based on a defendant's conduct or a finding of moral immorality. They usually amount to four times the amount of other damages that are awarded.

A lawyer can help you receive a substantial settlement to cover medical expenses for your child and other financial losses. They are also able to file a lawsuit for emotional trauma as well as other losses that are not financial. Some states limit the amount of compensation that the victim could receive. Virginia, for example, caps damages at the cost of healthcare up to the tenth birthday celebration of a victim. Other states restrict damages for pain and suffering as well as other types.

Damages for noneconomic damages

In many cases children's injuries cause ongoing medical treatment. This can include medical treatment, therapies, and other costs. It can also include future loss of earnings if the injury will interfere with the child's ability to work and make an income. This is known as loss of consortium.

Your lawyer will help you estimate the full amount of the injuries your child sustained as well as non-economic damage. They will collaborate with experts to develop a case that demonstrates how badly your child was injured and the effects on their life. They will also rely on experts' testimony to prove that the doctor did not fulfill their duty of care.

They could also request access to the medical records of your child. They are crucial to your case. These documents are essential to get as soon as you can in the event of the possibility of a birth trauma. They could be lost, misplaced, or destroyed. Your attorney can help you get these documents as quickly as possible.

Damages for economic damage

A birth injury may cause a variety of expenses that might not be obvious at first. These include medical bills that have already been incurred as well as projected costs of future therapy such as in-home or institutional treatment and medication, adaptive equipment and travel to and from therapist or doctor's appointments.

A disability that is severe can hinder an individual to earn a living. This could also impact the finances of a family. A parent might have to quit their job or stop work entirely in order to take care of a child with disabilities, leading to lost wages.

Parents who are pursuing a claim for birth injuries must keep track of all expenses and losses to determine their maximum possible award. If a court or jury gives damages, they take into account the victim's needs throughout their life. The more accurate the estimation of future medical expenses and losses, the greater the amount of award will be. Non-economic damages are more difficult to quantify however they can be awarded too. These include emotional suffering, distress, loss in quality of life and loss of consortium.