Birth Injury Compensation

If your child suffers birth injury because of the negligence of a doctor or an unjust action, it can be devastating. These injuries usually require lifelong treatment and care, leaving you with huge financial burdens.

Many birth injury cases also involve a complex debate over medical malpractice versus medical errors. Our lawyers can help you learn the distinctions.

Costs of Treatment

In determining the amount to award for a birth injury, insurance companies attorneys and judges take into account the severity of the injury and its impact on the child's quality of life. If a child requires extensive medical treatment that lasts over time the value of the claim will increase.

Medical treatment for birth injuries can be very expensive. Compensation for birth injury birth injury can help families pay for these costs. Lawyers often collaborate with experts in putting together a "Life Care Plan," which calculates the life-time expenses incurred by a child's accident. These include hospitalization expenses, surgical intervention, specialized medical treatment prescriptions, home improvements and equipment, and more.

Your legal team will collect medical records from your child's birth as well as pregnancy, as well as firsthand accounts from family members. These will be used to demonstrate that your child suffered an injury as a result of negligence on the part of a medical professional and to prove the extent of the harm caused.

Many states have passed medical indemnity funds to provide financial assistance to families of children who suffer from birth injuries. These funds can either collect part of malpractice insurance premiums or require doctors and hospital to contribute to an asset pool. These programs can provide families with financial aid and decrease the need to file a lawsuit. However, JLARC staff found that these programs do not always meet their objectives and should be improved.

Life Care Planning

Children suffering from conditions like cerebral palsy or hypoxic ischephalopathy will need medical care throughout their lives. This includes physical therapies or equipment for specialized use, as well as home health care. The majority of the time, these costs can be quite substantial.

A life-care planning plan is an important document that outlines the future medical, educational, home and other expenses that a child with disabilities is likely to be liable for birth injury throughout their lifetime. These plans are commonly used to calculate the economic portion of the damages awarded in a case involving a birth injury. These plans must be thorough and meticulously drafted to meet the strict requirements of admissibility.

Experts in planning for life can assist in the preparation of these documents using input and the formal opinions of a disabled child’s doctors or therapists, as well as the caregivers. The plans also include a detailed narrative of the initial injury and diagnosis. They also explain the root cause of the disability as well as the long-term effects.

A medical malpractice lawyer should work with a life care planner to develop the most appropriate plan for their clients' situation. The plan's goal is to ensure that your child receives enough compensation to cover all future expenses and medical care. The money is usually placed into a special needs trust, which is overseen by a licensed administrator. The amount of money given is typically adjusted regularly to reflect the changing needs of your child.

Pain and Suffering

In a case which involves birth injuries and damages are awarded to compensate the plaintiff for the past and future discomfort and pain. This includes the physical and mental discomfort caused by the injury as well as the inability to take part in activities that others could be able to do.

You may also be able to recover lost earnings if the injury of a victim affects their work options or prohibits them from working all. Families may also be compensated for the care and treatment of an injured child.

The verdicts in medical malpractice cases are often extremely high, since juries tend to be sympathetic towards victims and hold doctors accountable for their actions. Many doctors and hospitals prefer to settle rather than risk a trial that is expensive and stressful for everyone involved.

During the trial attorneys from both sides will gather evidence to support their arguments. They will also exchange documents during a process known as discovery, which involves deposing a witness to get statements under the oath. In most states, defendants can also request to view the records of the plaintiff.

A successful birth injury lawsuits injury claim requires an experienced lawyer in these types of cases. A seasoned attorney will analyze the facts of your case to determine if it is in line with the legal requirements and ensure the highest financial settlement that is possible.

Punitive Damages

Some medical malpractice lawsuits also include punitive damages. These are intended to communicate a message to discourage any future negligent behavior. They may be granted in cases of serious negligence or where there was intentional misconduct on the part the medical professional. However, they are rare in cases of birth injuries.

After identifying the defendants the attorney needs to gather and review the evidence to support the claim. They must prove that the injuries caused by the medical professionals did not conform to the an acceptable standard of care. The legal team must also prove the losses that were incurred with the injuries, also known as "damages." These damages can be either economic or non-economic.

Economic losses are calculated by the estimation of ongoing treatment costs, including long-term treatment facilities and other services. They could also consider loss of earnings in the event that the injury has caused one or both parents to quit their jobs.

The legal team will then prepare a demand letter to present to the malpractice insurance companies. The document will explain the birth injuries and their effect on the child and family, and demand compensation for the losses. The attorneys will negotiate until a settlement has been reached with the medical providers. During the discovery process, attorneys will share information with the other party regarding their case. This may include taking depositions of witnesses who swear to testify under oath.