How a Birth Injury Claim Works

If a medical professional was negligent and your baby suffered injuries during birth, you could be entitled to compensation. The amount of compensation you receive will depend on a number of aspects.

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

Medical expenses

Medical expenses associated with birth injuries can vary dramatically based on the severity of the injuries your child sustains. For instance broken bones might require surgery to fix and can lead to ongoing physical therapy costs. In the same way, nerve damage from the pressure of a hand or rough handling can lead to permanent limitation and pain. Your lawyer will assess 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 prove that a healthcare professional was bound by a duty to you, and that they breached their duty, and that this breach caused the injuries of your child. It is usually essential to have medical experts look over the case and provide their opinion from their previous experiences.

Depending on your situation, you could name multiple healthcare professionals and hospitals as defendants in the lawsuit. This includes the doctor who delivered your baby and their assistants, as also the hospital where the birth took. Your legal team will contact all of these individuals to inform them that a lawsuit for medical malpractice has been filed. They can resolve the issue without having to file an action.

Suffering and pain

A birth injury lawsuit can result in compensation for the emotional and physical injuries suffered by the child. The amount of compensation an individual family receives is contingent on the severity of the injuries as well as the impact they have on a child's lives.

In order to win a case parents must show that the medical professional or facility failed to perform their duties in accordance with the standards of care. It is a way of saying that a physician or hospital's actions or inactions caused the victim to suffer a medical injury. Both sides typically employ medical experts to help determine the acceptable standards. Obstetricians, for instance, are held to higher standards than generalist doctors.

Most cases involving birth injuries settle rather than going to trial. Trials are costly, risky and lengthy. A settlement provides families with financial compensation earlier and in a less threatening process. Settlements will ensure that the needs of the future of a child are addressed. This could include the cost of a wheelchair van as well as home modifications, special equipment, and ongoing medical care.

Punitive damages

Punitive damages are the most severe amount juries could award in cases involving birth injury law firms injuries. These damages are usually given to deter the perpetrator and discourage others from doing the same. These awards are also designed to make victims feel their cases have been taken seriously.

A New York City personal injuries lawyer can assist you in determining your claim's value, including non-economic damage. If they feel it is appropriate, they could also file a lawsuit for punitive damages. Punitive damages are determined by the conduct of the defendant and an indictment of moral indecency. They typically amount to four times the other damages awarded.

A lawyer can help win you a significant award to help pay for medical costs for your child and other financial losses. They can also file lawsuits for emotional trauma as well as other non-financial losses. Some states limit the amount of compensation a victim may receive. Virginia for instance, restricts damages to the cost of treatment until a victim reaches their 10th birthday. Other states have caps on pain and suffering as well as other types of damages.

Damages for noneconomic damages

In many instances the injuries of a child will result in ongoing care. This includes medical care as well as therapies and other expenses. This could include the possibility of losing future wages if an injury interferes with the child's ability to work and earn money. This is known as loss of consortium.

Your lawyer will aid you in calculating the total expense of your child's injuries, which includes non-economic damages. They will work with experts witnesses to construct a convincing case to prove the severity of your child's injuries and their consequences on his or her life. They will also rely on expert witnesses to prove the doctor's breach of duty of care.

They could also request access to your child's medical records. These are vital to your case. It is important to obtain them when you suspect that there is a birth injury because they are often lost or lost. Or, they are destroyed. An attorney can assist you get these documents as swiftly as you can.

Damages for economic damage

A birth injury can result in a variety of expenses that aren't immediately obvious. These include medical expenses that have already been paid, and also projected costs for future therapy, in-home care, institutional care, medications, adaptive equipment, as well as travel to and from therapist and doctor appointments.

Additionally, a severe disability can make it difficult for an individual to earn a living wage. This could also cause a ripple effect on the financial situation of a family. Parents may need to quit their job or quit work entirely in order to take care of a child with disabilities, leading to lost wages.

Parents who are pursuing a claim for birth injuries should keep track of all these expenses and losses to determine their maximum possible award. When a jury or a court awards damages, they take into consideration the victim's lifetime requirements. The higher the award is, the more accurate the estimate of future medical costs. In addition, non-economic damages can be awarded, even though they are harder to quantify. They can include emotional suffering, distress loss of quality of life and [empty] loss of consortium.