How a Birth Injury Claim Works

You could be entitled to compensation if a medical professional is negligent and your child is injured at birth. The amount you receive depends on several variables.

The lawsuit process begins with your attorney filing an complaint against the defendants. Both sides will engage in discovery, in which they share information and evidence, including medical records.

Medical expenses

Medical costs associated with birth injuries can vary greatly depending on the nature of the injuries your child sustains. For instance broken bones might require surgery for repair and may result in long-term physical therapy costs. Similar to that nerve damage caused by physical pressure or rough handling can cause permanent limitation and pain. Your lawyer will assess the needs of your child and estimate the cost for treatment over a lifetime to ensure that you receive enough compensation.

You will have to prove that the healthcare professional owed you a duty, that they violated their duty and that their lapse resulted in your child's injuries. It is typically required to have medical experts examine the case and offer their opinions from their previous experience.

Based on the circumstances it is possible to name a variety of hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who gave birth to your child, the medical assistants and the hospital which the birth occurred. Your legal team will write letters to all of these parties, advising them that a medical malpractice lawsuit has been made and that they have the chance to settle the issue prior to filing a lawsuit.

Suffering and pain

A birth injury lawsuit could result in a settlement for emotional and physical injuries suffered by children. The amount of damages the family is awarded depends on the severity of the injuries and their impact on the child's life.

Parents must show that the medical professional or facility did not act in accordance with the standard of care in order to win an award. This means that the doctor or hospital did not act with skill or judgement in the event that their actions or inactions caused injuries to the body. Both sides usually employ medical experts to help define the norm. Obstetricians, for instance, are held to higher standards than generalist physicians.

Most cases involving birth injuries settle, rather than go to trial. Trials are costly, risky and time-consuming. Settlements provide families with the financial benefits much faster and in a less adversarial process. Settlements also ensure that a child's future requirements are satisfied. This could include the cost of a wheelchair van as well as home modifications, special equipment, and ongoing medical care.

Punitive damages

Punitive damages are among the most severe awards that juries could award in cases involving birth injuries. These damages are typically given to punish the offender and discourage others from committing similar crimes. The aim of these awards is to convince victims that their cases were considered seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim, including non-economic damages. If they feel it is appropriate, they could also file a lawsuit for punitive damages. Punitive damages are determined by the defendant's conduct and the finding of moral indecency. They usually amount to four times the amount of other damages.

A lawyer can help get you a significant award to cover your child's medical costs and other financial losses. They may also bring a lawsuit to recover emotional trauma and other damages not related to financial. Some states cap the amount of compensation the victim can receive. Virginia for instance, limits damages up to the cost of treatment up to a victim reaches their 10th birthday. Other states restrict damages for pain and suffering in addition to other types.

Damages for non-economic damages

In many cases, the injuries of a child require lifetime care. This includes medical treatment as well as therapies and other costs. It can also include future lost earnings if the accident is affecting the child's ability to work and earn an income. This is referred to as loss of consortium.

Your lawyer will assist you estimate the full costs of your child's injuries which includes non-economic damages. They will collaborate with experts to develop an argument to demonstrate how badly your child was injured and the effect on their life. They will also use experts' testimony to prove that the doctor violated their duty of care.

They may also request access to your child's medical records. These are critical to your case. These documents are important to request as soon as you can if you suspect an injury to your birth. They can be lost, stolen or destroyed. Your attorney can help you get these documents as swiftly as is possible.

Damages for economic damage

A birth injury could cause a variety of expenses that may not be immediately apparent. These costs include medical bills already paid as well as the projected costs for future therapy such as in-home or institutional treatment and medication, adaptive equipment as well as travel to and from doctor's and therapist's appointments.

A severe disability can also make it difficult for an individual to earn a decent living. This could also have a ripple effect on the financial situation of a family. Parents might have to quit their jobs or even stop working completely to care for a disabled child. This can result in lost wages.

Parents who are pursuing a claim for birth injury lawsuit injuries should keep track of all these costs and losses to determine their maximum possible award. If a jury or court decides to award damages, they take into consideration a victim's long-term requirements. The more accurate the estimation of future medical expenses and losses, the more the award amount will be. Non-economic damages can be difficult to quantify but they can be awarded too. These include emotional distress, suffering, loss in quality of life and loss of consortium.