Birth Injury Compensation

Children with birth injuries deserve every resource they require to live a satisfying life. Settlements that provide financial compensation can assist them in obtaining the resources they need.

A petition may be filed by a personal representative, guardians, parents, or next-of-kin of an injured child. If a petition is filed an undisputed assumption will arise that the injury alleged was a neurologic birth injury as defined by SS 38.2-5001.

Medical expenses

It can be extremely upsetting to learn that a child suffered an injury at birth due to medical negligence. In addition to the emotional turmoil it can be a huge financial burden. Parents are responsible for immediate medical care and may be required to spend all their lives in therapy and other treatments.

Your attorney will go over the evidence to determine if a health care provider made an error which directly led to the injuries suffered by your child. He or she will determine the expected future expenses of your child to include in a demand for compensation. These costs are called economic damages.

You may be able to claim non-economic damages as well as paying for medical expenses of your child and any other expenses incurred in connection with it. This will pay you and your loved ones for the pain and suffering your child has suffered. They are typically less than measurable, and can include a loss in quality of life or mental anguish, disfigurement and other tangible losses.

Many states have instituted medical indemnity programs to pay for future medical and rehabilitation expenses for those who suffer from serious birth injuries. The funds are funded by the amount of malpractice insurance premiums, or they require hospitals and doctors to contribute. For instance New York's Medical Indemnity Fund provides lifetime payments for adults and children with a brain injury from birth.

Suffering and pain

The cost of providing your child with lifetime medical care and treatment following the birth injury can be extremely expensive. The costs can mount up quickly, even for children with minor injuries. You are entitled to compensation for the suffering and pain that may result from these injuries.

You should always consult with an attorney prior to speaking to anyone from the hospital or insurance company, no matter how serious your injuries are. What you tell them could be used against your case, and they will try to reduce the amount of compensation you receive. This is why it's vital to speak with a seasoned birth injury lawyer prior to doing anything else.

After you consult with an attorney, they will create a solid argument for the injuries your child sustained. This includes getting expert witness testimony to support your claim. They will also take depositions, or signed statements, from the lawyers of the defendants as well as any other parties involved in the case.

Once your lawyer has enough evidence, they'll mail an demand package (a document that includes all the details) to the hospital and doctor responsible. The document will detail the details of your child's injuries, and how they occurred due to medical negligence. The document will also contain evidence and documents to support your claim. If the doctor refuses your offer, then your lawyer will file suit.

Future care costs

Severe birth injury can cause costly long-term medical treatment that affects families financially. A child with cerebral palsy needs to receive lifelong treatment, which may include surgeries as well as home health care assistants, medication and therapy sessions along with doctor's visits and prescriptions. These expenses can quickly mount up and significantly impact a family's life.

In certain instances, birth injury lawyers will engage an expert to create an "life plan" which estimates the future needs according to the patient's medical history as well as age. It includes estimated annual cost projections for things like medications and therapy sessions, doctor visits and attendant care, the possibility of lost income, and transportation as well as home renovations.

These damages are usually significant portions of a settlement or jury verdict in the case of a birth injury, and they're designed to improve the victim's quality of life. However, certain states restrict noneconomic damages, and this restriction may apply to birth injury lawsuits.

Many doctors and hospitals, insurance companies and doctors are reluctant to admit fault or even pay for birth injury law firms defects. A majority of lawyers will prefer to settle instead of going to trial. A lawyer will draft a demand letter and send it to medical experts involved in the matter along with a detailed statement explaining the circumstances surrounding your child's injuries. If the doctor or hospital refuses to accept the conditions of the contract, your lawyer will file suit.

Economic damages

A birth injury is costly to treat, and those who suffer from it can require costly treatment for years or even their entire lives. Economic damages in these cases may include past and future medical expenses, as well additional costs related to the victim's care such as mobility equipment. These are usually estimated with the help of an expert witness.

Parents are also entitled to compensation for the emotional distress caused by the trauma and the knowledge that their child's medical negligence could have been avoided. Some states have laws that recognize the emotional damage and provide non-economic compensation to victims.

Families must remember that, even though many birth injuries could lead to serious and life-threatening illnesses however, children are generally in a position to lead a healthy life with the right help. It is crucial to provide them with the financial resources required to lead a productive and enjoyable life.

A skilled lawyer can help families file a birth injury lawsuit against the hospital or doctor responsible for their child's injury. They will take a thorough look at the case and collect more evidence to make an argument that proves the medical professional failed to uphold a high standard of care. They'll then negotiate with the defendants to see whether a settlement can be reached. If the settlement is not reached, they'll prepare to bring an action.