How a Birth Injury Claim Works

If medical professionals were negligent and your child sustained injuries during birth, you could be entitled to compensation. The amount you receive depends on several aspects.

The process of suing begins when your attorney files a complaint against defendants. Both sides will then go through discovery where they will exchange evidence and information, including medical records.

Medical expenses

Medical expenses for birth injuries can be very different dependent on the severity of the injury. Broken bones, for example may require surgery and long-term therapy. In the same way nerve damage resulting from the pressure of a hand or rough handling can result in permanent limitation and pain. Your lawyer will review the needs of your child and estimate the cost of treatment over the course of a lifetime to ensure you are compensated in a sufficient amount.

You will need to demonstrate that a healthcare professional was bound by a duty to you, and that they breached that obligation, and that the breach led to injuries to your child. It is usually required to have medical experts review the case and provide their opinion in light of their experiences.

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 that delivered your baby, the medical assistants and the hospital which the birth occurred. Your legal team will contact each of them to inform them that a claim for medical malpractice has been filed. They may resolve the issue without filing an action.

Suffering and pain

A birth injury lawsuit can result in a compensation claim for emotional and physical injuries that a child suffers. The amount of damages the family is awarded depends on the severity of the injuries and their impact they have on a child's lives.

To win a claim parents must prove that an medical professional or institution was not acting in accordance with the standards of care. This means that the doctor or hospital acted with a lack of skill or judgement in the event that their action or inaction caused an injury to a patient. Both sides frequently employ medical experts to help define the norm. Specialists, such as doctors of obstetrics, are held to higher standards.

Most cases involving birth injuries settle rather than going to trial. Trials can be risky, time consuming and costly. Settlements enable families to receive financial compensation sooner and in a more friendly manner. Settlements also ensure that a child's future needs are met. This could include the expense of a wheelchair van and home modifications, as well as specialized equipment, and ongoing medical care.

Punitive damages

Punitive damages are among the most severe amount a jury may make in a birth injury attorneys injury case. These damages are usually awarded in order to punish the offender and discourage others from committing similar crimes. The purpose of these awards is to convince victims that their cases were taken seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim. This includes non-economic damage. If necessary, they may also file a lawsuit for punitive damages. Punitive damages are based on the defendant's behavior as well as a finding of moral turpitude. They are usually four-times the amount of other damages awarded.

A lawyer can help you win you a significant award to cover your child's medical costs and other financial losses. They are also able to file a lawsuit for emotional trauma as well as other losses that are not financial. Certain states limit the amount of compensation victims can receive. Virginia, for instance, restricts damages to the cost of treatment to the victim's tenth birthday. Other states have caps on suffering and pain as well as other types of damages.

Damages for non-economic damages

In many instances, the injuries of a child will require ongoing treatment. This includes medical treatment therapies, as well as other costs. This may include the loss of future wages if the injury interferes with the child's capacity to work and earn an income. This is called loss of consortium.

Your lawyer will help you in calculating the full cost of your child's injuries including non-economic damages. They will collaborate with experts to build a case to show how severely your child was harmed and the effects on their life. They will also use expert testimony to show that the doctor violated their duty of care.

They can also demand access to your child's medical records. They are crucial to your case. These documents are important to get as soon as you can if you suspect the possibility of a birth trauma. They could be lost, lost or destroyed. Your attorney can help you get these documents as soon as possible.

Damages for economic damage

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

A severe disability can hinder an person to earn a living. It can also have an impact on the financial health of families. Parents might have to take a break from their work or stop working altogether to care for disabled children. This can lead to the loss of income.

Parents who are filing a claim for birth injuries should keep track of the costs and losses in order to determine how much they can receive. If a court or jury decides to award damages, it takes into consideration the needs of the victim for the rest of their life. The more precise the estimation of the future medical expenses and losses, higher the amount awarded will be. Non-economic damages are difficult to quantify, but they can be also awarded. These include emotional suffering, distress, loss of quality of life, and loss of consortium.