How a Birth Injury Claim Works

You may be entitled to compensation when a medical professional is negligent and your child suffers injury during birth. Generally, the amount of money you receive will depend on a few factors.

The lawsuit process begins by your attorney submitting an accusation against the defendants. Both sides will participate in discovery, in which they share information and evidence, including medical records.

Medical expenses

Medical expenses associated with birth injuries can vary in a significant way based on the nature of your child's injuries. Broken bones, for instance, may require surgery and long-term therapy. In the same way, nerve damage from physical pressure or rough handling can result in permanent pain and limitations. Your lawyer will analyze your child's medical requirements and determine estimated costs for treatment over the course of their lives to ensure enough compensation to cover them.

You will have to demonstrate that the healthcare professional was owed a duty, that they violated this duty and that their lapse caused the injury to your child. This typically requires medical experts to look over the case and provide an opinion based on their experiences.

Depending on the circumstances depending on your situation, you may name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor that delivered your baby, his assistants and the hospital in which the birth occurred. Your legal team will contact each of these individuals to inform them that a lawsuit for medical malpractice has been filed. They can resolve the issue without filing an action.

Suffering and pain

A birth injury lawyer injury lawsuit can result in compensation for emotional and physical injuries suffered by a child. The amount of compensation families receive is determined by the severity of the injury and its impact on the child's life.

To be able to claim compensation, parents must prove that a medical professional or a facility did not act in accordance with the standard of care. This means that the doctor or hospital failed to act with expertise or judgment in an instance in which their actions or inactions caused the victim to suffer a medical injury. Medical experts are often involved by both sides to help determine the standard. Obstetricians who are specialists are held to higher standards than generalist physicians.

Most cases involving birth injuries settle, rather than go to trial. Trials are expensive, time-consuming and expensive. Settlements allow families to receive financial compensation earlier and in a more amicable way. Settlements also ensure that a child's future requirements are satisfied. This could include the cost of a wheelchair van, home modifications, specialized equipment, and ongoing medical care.

Punitive damages

Punitive damages are among the most severe awards a jury could make in cases involving birth injuries. They are usually awarded to penalize the wrongdoer and to deter others from doing similar crimes. These awards are designed to convince victims that their cases were considered seriously.

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

A lawyer can help you get a substantial amount of money for medical costs for your child and other financial losses. They can also file a lawsuit for emotional trauma, as well as other damages that aren't financial. Some states place caps on the amount of compensation that a victim can receive. Virginia is one of them. It is able to limit damages to the cost of treatment to the victim's tenth birthday. Other states restrict damages for pain and suffering as well as other types.

Damages for noneconomic damages

In many instances the injuries of a child will result in ongoing treatment. This includes medical care as well as therapies and other costs. It could also include future loss of wages if the injury is interfering with the child's capacity to work and earn money. This is referred to as loss of consortium.

Your lawyer will assist in calculating the total cost of your child's injuries, including non-economic damages. They will work with experts to develop a case to show the extent to which your child was injured and the effects on their life. They will also use expert witnesses to prove the doctor's breach of duty of care.

They may also ask for access to your child's medical records. These are essential to your case. These documents are crucial to request as soon as possible if you suspect a birth trauma. They can be lost, misplaced, or destroyed. An attorney can assist you get these documents as soon as you can.

Damages for economic loss

A birth injury could cause a range of expenses that are not immediately obvious. These expenses include medical bills already paid, as well as the anticipated expenses for therapy in the future such as in-home or institutional treatment medications, adaptive equipment and transportation to and from doctor's and therapist's appointments.

A serious disability may also restrict the ability of an person to earn a living. This can also impact the family's finances. Parents may need to quit their job, or even quit work entirely in order to take care of a disabled child, leading to the loss of wages.

Parents who are pursuing a claim for birth injuries should keep track of all these costs and losses in order to determine their maximum possible award. When a court or jury decides to award damages, it takes into account the victim's needs throughout their life. The more precise the estimate of the future medical expenses and losses, the greater the amount of compensation will be. Damages that are not economic can also be granted, even though they are harder to quantify. They can include emotional suffering, distress as well as loss of quality of life and loss of consortium.