How a Birth Injury Claim Works

If medical professionals were negligent and your child sustained injuries at birth, you may be entitled to compensation. In general, the amount of the amount you receive will be contingent on a few factors.

The process of suing begins when your attorney files a lawsuit against defendants. Both sides will engage in discovery, where they exchange information and evidence, which could include medical records.

Medical expenses

Medical costs for birth injuries can be very different depending on the severity of the injury. Broken bones, for instance may require surgery and long-term therapy. In the same way, nerve damage triggered by manual pressure or rough handling during the delivery can cause long-term limitation and pain. Your lawyer will analyze your child's needs and estimate the costs of treatment over a lifetime to ensure that you are compensated in a sufficient amount.

You must prove that a healthcare professional was bound by an obligation to you, and that they breached that duty, and that this breach caused injuries to your child. It is often necessary to have medical experts examine the case and offer their opinions based on past experiences.

Based on the circumstances, you may be able to include a number of healthcare professionals and hospitals in your lawsuit. This includes the doctor who gave birth injury lawyers to your baby, the assistants and the hospital in the birthing room. Your legal team will send letters to each of these parties advising them that a medical negligence claim has been filed and they will be given the chance to settle the matter before filing a lawsuit.

Suffering and pain

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

In order to win a case parents must prove that an medical professional or institution failed to act according to the standard of care. This means that the physician or hospital acted with a lack of ability or judgement in the event that their actions or inaction resulted in the victim to suffer a medical injury. Medical experts are frequently consulted on both sides to determine the standard. Specialists like obstetricians are held to higher standards than generalist physicians.

Most birth injury cases settle, rather than go to trial. Trials can be risky, expensive and lengthy. Settlements allow families to receive financial compensation earlier and in a less tense manner. Settlements will ensure that the needs of the future of children are met. This can include the cost of a wheelchair van as well as home modifications, special equipment, and regular medical treatment.

Punitive damages

In the event of a birth injury, punitive damages can be the most severe verdict that a jury can award. They are often given to punish the perpetrator and discourage others from engaging in similar offenses. The purpose of these awards is to convince victims that their case was considered seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim, including non-economic damages. They may also pursue a lawsuit seeking punitive damages in the event that they are appropriate. Punitive damages may be granted based on the defendant's actions or a determination of moral immorality. They typically amount to four times the amount of other damages awarded.

A lawyer can help you receive a substantial settlement for your child's medical expenses and other financial losses. They can also file a lawsuit for emotional trauma and other losses that are not financial. Some states have caps on the amount of compensation a victim may receive. Virginia is an example. Virginia limits damages up to the cost of treatment, up to the victim's tenth birthday. Other states restrict damages for pain and suffering as well as other types.

Damages for non-economic damages

In many cases, injuries suffered by children will require lifetime care. This includes medical treatment, therapies, and any other expenses. It could also include future lost earnings in the event that the injury can hinder the child's ability to work and make a living. This is known as loss consortium.

Your lawyer will assist in calculating the total cost of your child's injury, including economic damages as well as. They will collaborate with expert witnesses to create a compelling case to show the extent of your child's injuries and their impact on his or her 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 critical to your case. It is essential to get them as soon as you suspect that there is a birth injury because they are frequently lost or misplaced. They can also be destroyed. Your attorney can assist you to obtain these documents as fast as you can.

Damages for economic loss

A birth injury may result in a number of costs that may not be immediately apparent. These expenses include medical charges that have already been incurred as well as projected costs of future therapy and care at home or in a hospital medications, adaptive equipment and transportation to and from therapist and doctor's appointments.

A severe disability can also limit the ability of an person to earn a living. This could also cause a ripple effect on the family's finances. Parents may need to quit their job or quit their job completely to care for a disabled child, leading to lost wages.

Parents who seek a birth injury claim should keep track of all these expenses and losses to determine the amount they can be awarded. If a jury or court gives damages, they will take into account the victim's ongoing needs. The greater the amount is, the more precise the estimate of the future medical expenses. Non-economic damages can also be awarded, even though they are harder to quantify. These include emotional distress, pain and suffering and loss of quality of life and loss of consortium.