birth injury law firm Injury Compensation

If your child has a birth injury due to the negligence of a doctor or an unjust action, it can be devastating. These injuries often require lifetime treatment and care, leaving you with huge financial burdens.

Many birth injury cases also require a lengthy debate on medical malpractice versus medical errors. Our lawyers can assist you learn the distinctions.

Costs of Treatment

Insurance companies, attorneys, and judges consider the severity of the birth injury and the impact it can have on the child's life in determining the amount of compensation to be paid. For instance the child who suffers from a medical condition requires continuous medical treatment it will increase the value of an insurance claim.

The medical treatment for birth injuries is often expensive. Compensation for birth injury can assist families in paying for these expenses. Experts and lawyers often collaborate to develop a "Life Care Plan" that calculates the costs of a child’s injury over the course of their lives. This includes hospitalization costs, surgical intervention, specialized medical treatment prescriptions, home renovations and equipment, and much more.

Your legal team will collect medical documents from your child's birth as well as pregnancy, as well as firsthand accounts from relatives. These documents will be used to prove that your child was injured due to medical malpractice and to demonstrate the extent to which the injury occurred.

Many states have passed medical indemnity funds to offer financial aid to families of children suffering from birth injuries. These funds collect a portion of the malpractice insurance premiums or require hospitals and doctors to contribute to the pool of resources. These programs can offer families financial support and decrease the necessity of filing a lawsuit. However, JLARC staff found that these programs don't always meet their aims and should be improved.

Life Care Planning

Children suffering from conditions like hypoxic or cerebral palsy will require medical attention throughout their lives. These include physical therapies and equipment that is specialized, as well as home health treatment. These costs can be significant.

A life-care plan is a document that outlines the future medical, educational, in-home and other expenses that disabled children are expected to pay throughout his or his or her life. These plans are commonly used to help calculate the economic portion of the damages awarded in a birth injury case. These plans must be comprehensive and carefully designed to meet the strict requirements of admissibility.

Life-care planning experts can assist to develop these documents using information and formal opinions from the child's doctors caregivers, therapists, and doctors. The plans also contain a detailed narrative of the injury's initial diagnosis. They explain the underlying causes of the disability as well as its long-term effects.

A medical malpractice lawyer must work with a life care planner to draft the most suitable plan for their clients' situation. The plan's goal is to ensure your child receives adequate compensation to cover all of their future costs and expenses. The money is usually placed in a trust to cover special needs, and is overseen by an administrator who is approved. The amount of money given is usually adjusted annually to reflect changes in the future needs of your child.

Suffering and Pain

In a birth-related injury case the damages awarded are for the plaintiff's past and future suffering and pain. This includes the physical and mental suffering caused by the injury, as also the inability to take part in activities that others could be able to do.

You may also be able to recover lost income if an injury hinders their professional options or prevents them working at all. Families can also be compensated for the care of an injured child.

The verdicts in medical malpractice cases are typically very high, as juries tend to be compassionate towards victims and hold doctors responsible for their mistakes. Because of this, some hospitals and doctors prefer to settle instead of risking the trial process, which is expensive and stressful for all parties involved.

During the trial attorneys from both sides will collect evidence to prove their points. They will exchange documents in a process known as discovery, which includes deposing witnesses to get statements under an oath. The defendants could also ask to see the plaintiff's medical records as it is legal in most states.

A successful birth injury lawsuit requires a lawyer who has experience in these kinds of cases. An experienced lawyer will examine the facts of your case to determine if it satisfies the legal requirements and seek out the most favorable financial settlement that is possible.

Punitive Damages

Certain medical malpractice lawsuits include punitive damages, which are designed to communicate a message and discourage future reckless behavior. The award of these damages is made when there is a high degree of negligence or malice on the part of the doctor. However, they are very rare in birth injury cases.

After the attorney has identified the appropriate defendants, they need to gather and analyze evidence to back up their assertions. They must show that the injuries caused by medical professionals were not at a high level of care. The legal team also has to prove the losses associated with these injuries, also known as "damages." The information could be either economic or non-economic in the sense that it is not a loss.

Economic losses are figured out by making estimates of ongoing treatment costs including long-term facilities and other services. These may also include lost earnings if a traumatic event resulted in both parents to lose their job.

The legal team will then prepare a demand letter for the malpractice insurers. This document will describe the birth injuries and the impact they have on the child and family, and ask for compensation for the losses. The lawyers will negotiate with medical professionals until an agreement is reached. During the discovery process, attorneys will share information with the other party regarding their case. This may include depositions of witnesses that swear to testify under oath.