How a Birth Injury Claim Works

You may be entitled to compensation if a medical professional is negligent and your child suffers injuries at birth. Generally, the amount of compensation you receive will depend on a few variables.

The process of bringing a lawsuit begins with your attorney filing an action against the defendants. Both sides will then engage in discovery, where they will exchange evidence and other information such as medical records.

Medical expenses

Medical expenses for birth injuries can be very different in relation to the severity the injury. Broken bones, for instance, may require surgery and long-term therapy. In the same way nerve damage caused by harsh handling or pressure from a manual instrument could cause long-term limitation and pain. Your lawyer will assess the needs of your child and estimate the cost of treatment over the course of a lifetime to ensure you get the right amount of compensation.

You must demonstrate that the healthcare professional was owed an obligation, that they breached this duty and that their lapse caused your child's injuries. The most common way to prove this is for medical experts to look over the situation and give an assessment based on their knowledge.

Based on the circumstances it is possible to name a variety of hospitals and birth injury lawsuit healthcare professionals as defendants in the lawsuit. This includes the doctor that delivered your baby, his assistants, and the hospital the birthing room. Your legal team will write to each of these individuals to inform them that a lawsuit for medical malpractice has been filed. They can resolve the issue without filing a lawsuit.

Pain and suffering

A birth injury lawsuit may result in a settlement for physical and emotional injuries sustained by a child. The amount of compensation the family is awarded is determined by the severity of the injury as well as the impact it has on the child's life.

Parents must prove that the medical professional or facility was not in compliance with the standard of care to win a claim. This means that the physician or hospital acted with a lack of ability or judgement in the event that their actions or inactions caused injuries to the body. Both sides usually employ medical experts to help define the standard. Obstetricians, for instance, are held to higher standards than generalist physicians.

Most birth injury attorney injury cases are settled prior to going to trial. Trials can be risky, time consuming and costly. Settlements provide families with financial compensation earlier and in a less threatening process. Settlements also ensure that children's future needs are satisfied. This could include the cost of a wheelchair van, home modifications, specialized equipment, and ongoing medical treatment.

Punitive damages

In the case of birth injury, punitive damages can be the most severe decision that a judge can award. They are often awarded to penalize the wrongdoer and discourage others from engaging in similar offenses. These awards are intended to convince victims that their case was taken seriously.

A New York City personal injuries lawyer can help you determine the value of your claim, including economic damages. If appropriate, they can also file a suit for punitive damages. Punitive damages are granted based on the defendant's conduct or a finding of moral immorality. They typically amount to four times the amount of other damages awarded.

A lawyer can help you get a substantial amount of money for medical costs for your child and other financial losses. They can also file lawsuits for emotional trauma as well as other losses that are not financial. Some states have caps on the amount of compensation the victim could receive. Virginia for instance, restricts damages to the cost of medical care up to the victim's tenth birthday. Other states restrict damages for suffering and pain and other types of damages.

Damages for non-economic damages

In many cases, injuries of a child will require ongoing care. This includes medical treatment therapies, as well as other expenses. It can also include future lost earnings if the accident can hinder the child's ability to work and earn an income. This is called loss of consortium.

Your lawyer will assist you in calculating the full cost of your child's injury, including non-economic damages. They will work with expert witnesses to build a strong argument to demonstrate the severity of your child's injuries as well as their consequences on his or her life. They will also rely on expert witnesses to prove the doctor's violation of duty of care.

They could also request access to the medical records of your child. These are crucial to your case. They are important to request as soon as possible if you suspect an injury to your birth. They could be lost, misplaced or destroyed. An attorney can assist you get these documents as quickly as is possible.

Damages for economic damage

A birth injury can result in a myriad of expenses that are not immediately obvious. These expenses include the medical bills already paid, as well as the anticipated costs of therapy to come including in-home or institution-based care, medication, adaptive equipment and travel to and birth injury lawsuit from doctor's and therapist's appointments.

Additionally, a severe disability can limit an individual's ability to earn an income that is sufficient. This can also cause a ripple effect on the financial situation of the family. Parents might have to take a break from their work or cease working altogether to care for disabled children. This could lead to lost wages.

Parents who seek a birth injury claim must keep track of all costs and losses in order to determine the maximum amount they could be awarded. If a jury or court decides to award damages, they take into consideration the victim's lifetime needs. The higher the award is, the more precise the estimation of the future medical expenses. Non-economic damages are harder to quantify, but they can be granted as well. They include emotional distress, suffering loss of quality of life, and loss of consortium.