Birth Injury Compensation

It can be a devastating experience If your child suffers a birth injury as a result of negligence by a doctor. These injuries usually require lifelong treatment and care, leaving you with huge financial burdens.

Many birth injuries cases require a lengthy debate on medical malpractice versus medical errors. Our attorneys can help you understand the differences.

Costs of Treatment

Insurance companies, attorneys and judges weigh the severity of the birth injury as well as the impact it affects the child's quality of life in determining the amount of compensation to be awarded. For instance, if a child requires continuous medical treatment it will increase the value of an claim.

Medical treatment for birth injuries can be extremely expensive. Compensation for birth injuries can help families pay for these expenses. Lawyers often work with experts to put together an "Life Care Plan" which estimates the lifelong costs incurred by a child's injury. These expenses include hospitalization, surgery, specialized medical treatments, prescriptions, home improvements and equipment, etc.

Your legal team will collect medical documents from the pregnancy and birth of your child, as well firsthand accounts from relatives. These records will be used to show that your child suffered an injury due to negligence on the part of a medical professional and to prove the extent of the harm caused.

Many states have enacted medical indemnity funds to provide financial assistance to families of children suffering from birth injury lawyers injuries. These funds pay a portion of the malpractice insurance premiums or require hospitals and doctors to contribute to a pool of resources. In addition to providing financial assistance, these programs may reduce the necessity for families to make a claim. JLARC staff, however, found that these programs did not always meet their goals, and need to be improved.

Life Care Planning

Children with conditions like cerebral palsy or hypoxic ischephalopathy will require medical attention for the rest of their lives. This includes physical therapy, special equipment and home health. These expenses can be significant.

A life-care plan is a legal document that defines the future medical education, in-home, and other costs a disabled child will incur throughout his or his or her life. These plans are commonly used to determine the economic component of damages in a case of birth injury. They must be thorough and carefully drafted to meet the strict requirements of evidence for admissibility in court.

Life-care planning experts can assist to create these documents based on feedback and formal opinions from the child's doctor as well as therapists and other caregivers. The plans also contain a detailed account of the initial injury and diagnosis. They provide the cause of the disability and its long-term consequences.

A medical malpractice lawyer should collaborate with a life-care planner to come up with the most appropriate plan for their client's situation. The aim of the plan is to ensure that your child receives adequate compensation to cover all future costs and expenses. The funds are usually put in a trust to cover special needs, which is administered by an administrator approved by the trustee. Typically, the amount of funds granted will be adjusted over time to accommodate changes in your child's future requirements.

Suffering and Pain

In cases involving birth injuries the damages awarded compensate the plaintiff for past and future discomfort and pain. This includes mental and physical distress from the injury, as well as the inability to participate in activities that are enjoyed by others.

It is also possible to recuperate for income loss if an individual's disability restricts their options for employment or stops the person from working at all. Families could also be compensated to help care for an injured child.

Medical malpractice cases often receive very high verdicts due to the fact that juries are more likely to show compassion for the victims and hold doctors accountable for errors. Many hospitals and doctors opt to settle rather than risk an expensive trial and stressful for all involved.

During the lawsuit lawyers from both sides will collect evidence to justify their arguments. They will also exchange documents during a process called discovery, which involves deposing a witnesses to get their statements under an oath. In many states, defendants can ask to see the plaintiff's records.

A successful birth injury claim requires an experienced lawyer in these types of cases. A seasoned attorney will analyze the details of your case, determine if it meets the legal requirements and work to secure the best financial settlement that is possible.

Punitive Damages

Some medical malpractice lawsuits contain punitive damages. These are intended to convey a message and discourage any future negligent behavior. The award of these damages is made when there is a significant amount of malice or negligence on the part the doctor. However, they are rare in cases of birth injuries.

After identifying the defendants the attorney must collect and evaluate the evidence in support of the claim. They must show that the injuries caused by medical professionals did't meet an acceptable standard of care. The legal team must also prove the losses that were incurred with the injuries, which are known as "damages." These damages can be either economic or non-economic.

Economic losses are figured out by making estimates of ongoing treatment costs including long-term facilities and other services. They may also include the loss of earnings if an injury has caused both parents to lose their job.

The legal team will create an order package that they will present to the malpractice insurers. The document will outline the birth injuries and their effect on the child and family, and birth injuries ask for compensation for the losses. The lawyers will negotiate with medical professionals until an agreement is reached. During the discovery process, attorneys will share information with the other party about their case. This includes depositions of witnesses that are required to testify under oath.