How a Birth Injury Claim Works

You could be entitled to compensation when a medical professional is negligent and your child is injured in the course of birth. In general, the amount of money you receive will depend on a number of factors.

The process of bringing a lawsuit begins with your attorney filing an accusation against the defendants. Both sides will participate in discovery, during which they share information and evidence, including medical records.

Medical expenses

The medical costs associated with birth injuries can vary depending on the severity of the injury. For example broken bones can require surgery to fix them and can result in long-term physical therapy costs. Similar to that nerve damage caused by the pressure of a hand or rough handling can result in permanent limitation and pain. Your lawyer will evaluate the needs of your child and birth Injuries estimate the cost of treatment over the course of their lives to ensure that you get the right amount of compensation.

You will have to demonstrate that the healthcare professional was owed the duty of care, that they violated this duty and that their breach caused your child's injuries. This typically requires medical experts to examine the case and provide an assessment based on their knowledge.

Depending on your situation You could list multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby and their assistants, as also the hospital where the birth occurred. Your legal team will write to each of these individuals to inform them that a lawsuit for medical malpractice has been filed. They can settle the matter without having to file a lawsuit.

Pain and suffering

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

In order to win a case parents must prove that the medical professional or facility failed to act according to the standard of care. This means that a physician or hospital's actions or inactions caused a medical injury. Both sides frequently employ medical experts to help determine the norm. Obstetricians, for instance, are held to higher standards than generalist doctors.

The majority of birth injury cases are settled instead of going to trial. Trials can be costly, risky and time-consuming. Settlements allow families to receive financial compensation sooner and in a more amiable manner. Settlements also ensure that children's future needs are met. This could include the cost of a disability van as well as home modifications and special equipment, as well as ongoing medical treatments for diseases such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe awards that a jury may make in the case of a birth injury. They are usually awarded to punish the offender and to deter others from doing similar crimes. They also aim to make victims feel that their cases have been treated seriously.

A New York City personal injury lawyer can help you assess the value of your claim including non-economic damages. If appropriate, they can also file a suit for punitive damages. Punitive damages are determined by the defendant's behavior and the conclusion of moral wrongdoing. They typically amount to four times the amount of other damages granted.

A lawyer can help you get a substantial amount of money for your child's medical expenses and other financial losses. They may also file a lawsuit for emotional trauma and other non-financial damages. Some states have caps on the amount of compensation that victims can receive. Virginia, for example, restricts damages to the cost of medical care up to the victim's tenth birthday. Other states have caps on pain and suffering, as well as other damages.

Damages for non-economic damages

In many cases, a child's injuries will result in ongoing treatment. This includes medical treatment, therapies, and any other expenses. This may include the loss of future earnings if the injury interferes with the child's ability to work and earn money. This is known as loss consortium.

Your lawyer will help you calculate the total costs of your child's injuries including non-economic damages. They will collaborate with expert witnesses to create a compelling case to show the extent of your child's injuries and their effects on their life. They will also rely on expert witness testimony to prove the doctor's breach of duty of care.

They may also ask for access to the medical records of your child. They are essential to your case. It is crucial to request them whenever you suspect a birth injury because they are often lost or misplaced. They can also be destroyed. Your attorney can help you obtain these documents as fast as possible.

Damages for economic loss

A birth injury attorneys injury could result in a variety of costs that are not immediately evident. These include medical bills already incurred as well as projected expenses for therapy in the future, in-home or institutional care, medication, adaptive equipment and travel to and from therapist or doctor's appointments.

A severe disability can also limit the ability of an individual to earn a decent living. This could also have a ripple effect on the family's finances. Parents may have to quit their jobs or even stop working completely to care for disabled children. This could lead to the loss of wages.

Parents who file a claim for birth injuries should keep track of the costs and losses in order to determine the amount they could be awarded. When a judge or jury awards damages, they take into consideration the victim's lifetime requirements. The more money awarded is, birth injuries the more accurate the estimate is of the future medical expenses. Non-economic damages are also awarded, even though they are harder to quantify. They include emotional distress, suffering and loss of quality of life and loss of consortium.