Birth Injury Compensation

If your child suffers a birth injury as a result of a doctor's negligence or wrongful action, it can be devastating. These injuries can require ongoing treatment and care. You will be left with massive financial burdens.

Many birth injuries cases involve a complex debate over medical malpractice versus medical errors. Our lawyers can help discern the differences.

Costs of Treatment

When determining how much to give for a birth injury the attorneys of insurance companies and judges take into account the extent of the injury and the impact it has on the child's life quality. If a child needs extensive medical treatment that continues over time the value of the claim will increase.

Medical treatment for birth injuries can be very expensive. Compensation for birth injuries can help families pay for these expenses. Lawyers often work with experts to put together a "Life Care Plan," which calculates the life-time cost of a child's injuries. These expenses include hospitalization, surgeries, specialized medical treatments, prescriptions, home improvements and equipment, among others.

Your legal team will collect medical documents from the time of your child's birth injury lawsuits and pregnancy as well as personal accounts from family members. They will be used to demonstrate that your child suffered an injury due to negligence in the medical field and to show the extent of the harm caused.

Many states have enacted medical indemnity funds to offer financial aid to families of children who suffer from birth injuries. These funds pay a portion of malpractice insurance premiums. They also require hospitals and doctors to contribute to a pool of resources. In addition to providing financial support, these programs can also reduce the necessity for families to file a lawsuit. JLARC staff, however, found that these programs didn't always meet their goals, and need to be improved.

Life Care Planning

Children with conditions such as hypoxic or cerebral palsy will need medical care throughout their lives. This includes physical therapy, specialized equipment and home health. Often, these costs can be quite substantial.

A life-care plan is a legal document that defines the future medical educational, in-home, and other costs a disabled child will incur throughout his or their life. These plans are used to calculate the economic amount that is awarded in the event of birth injury. They must be comprehensive and meticulously drafted to meet the strict requirements of evidence for admissibility in court.

Experts in life-care planning can assist in the creation of these documents by utilizing the input and the formal opinions of a disabled child’s doctors as well as therapists and caregivers. The plans contain a thorough narrative about the initial injury and its diagnosis. They describe the underlying causes of the disability and the long-term consequences.

A medical malpractice lawyer must collaborate with a life-care planner to come up with the most appropriate plan for their clients' situation. The purpose of the plan is to ensure that your child receives adequate compensation to cover all of his or her future medical expenses and care. The funds awarded are typically placed into a special needs trust that is managed by a reputable administrator. Typically the amount awarded will be adjusted periodically to meet any changes in your child's requirements.

Suffering and Pain

In a case involving birth injuries the damages awarded compensate the plaintiff for the past and future pain and discomfort. This includes the physical and mental discomfort caused by the injury, as well as the inability of the plaintiff to participate in activities that others can participate in.

You may also be able to recover lost income if an injury restricts their career options or stops them from working at all. Families can also receive compensation to care for an injured child.

The verdicts in medical malpractice cases are usually very high as juries are often sympathetic to victims and hold doctors accountable for their errors. Because of this, some hospitals and doctors prefer to settle instead of undergoing the possibility of a trial, which is costly and stressful for the parties involved.

Both sides will collect evidence to support their arguments in the course of litigation. They will exchange documents during a process known as discovery, which includes deposing witnesses to obtain statements under the oath. In most states, defendants can also demand access to the plaintiff's records.

A lawyer with experience in this kind of case is needed to make an effective claim for birth injuries. An experienced attorney will review your case to determine whether you have a valid lawsuit and work to obtain the most favorable settlement.

Punitive Damages

Some medical malpractice suits also include punitive damage awards which are intended to serve as a stern warning to prevent future negligence. The award of these damages is made when there is a substantial amount of negligence or malice on the part the doctor. However, they are not common in cases of birth injuries.

After identifying the defendants the attorney must collect and examine the evidence to back the claim. They must demonstrate that the injuries caused by medical professionals did not conform to the standards of care. The legal team must also be able to show the costs associated with these injuries, known as "damages." The information could be of a financial or non-economic in the sense that it is not a loss.

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

The legal team will then create a demand form that they can present to the malpractice lawyers. The document will explain the birth injuries, and their impact on the child as well as the family, and request compensation for the losses. The attorneys will negotiate until a settlement is reached with the medical practitioners. During the discovery process, attorneys will exchange information with the other party regarding their case. This includes depositions of witnesses that take oath testimony.