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If your child is suffering from a birth injury because of the negligence of a doctor or an unjust act, it can be devastating. These injuries can require ongoing treatment and treatment. You'll be left with a huge financial burden.
Many birth injury attorneys injuries cases require a lengthy debate on medical errors versus malpractice. Our lawyers 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 compensation to be paid. If a child needs intensive medical treatment that continues throughout the course of time the value of the claim will increase.
Medical treatment for birth injuries can be extremely expensive. Compensation for birth injuries could help families cover these costs. Experts and lawyers often collaborate to create a "Life Care Plan" that estimates the costs of a child's injuries over the course of his or her life. These costs include hospitalization, surgeries, specialized medical treatments and prescriptions, home improvements and equipment, among others.
Your legal team will collect medical documents from the pregnancy and birth of your child, along with firsthand accounts from relatives. They will use these records to demonstrate that your child suffered an injury as a result of medical negligence and to demonstrate the extent of the harm caused.
Many states have passed medical indemnity funds to help families of children suffering from birth injuries. These funds take a percentage of malpractice insurance premiums. They also require hospitals and doctors to contribute to an investment fund. In addition to providing financial assistance, these programs may also help reduce the necessity for families to pursue a lawsuit. JLARC staff, however, found that these programs did not always meet their goals, and need to be improved.
Life Care Planning
Children who suffer from conditions like cerebral palsy and hypoxic ischemic encephalopathy are likely to have lifelong medical needs. These needs include physical therapies and equipment that is specialized, as well as home health treatment. These expenses can be significant.
A life-care planning document is an outline of the future medical, Birth Injuries education, home and birth injuries other expenses a child with disabilities will endure throughout their lifetime. These plans are used to calculate the financial portion awarded in a case of birth injury. The plans must be precise and carefully designed to comply with the strict requirements for admissibility.
Life-care planning experts can help to develop these documents in accordance with the input and opinions of a disabled child's doctors caregivers, therapists, and doctors. The plans include a comprehensive description of the initial injury and its diagnosis. They describe the underlying causes of the disability as well as its long-term consequences.
A medical malpractice lawyer must work with a life planner to come up with the most appropriate plan for their client's situation. The plan's goal is to ensure that your child receives enough compensation to cover all future expenses and care. The funds are usually placed into a special needs trust which is administered by an approved administrator. The amount awarded is typically adjusted every few months to reflect changes in the future requirements of your child.
Suffering and Pain
In cases involving birth injuries the damages awarded compensate the plaintiff for the past and future discomfort and pain. This includes the physical and mental suffering caused by the injury as well as the inability of the plaintiff to engage in activities that others are able to perform.
You may also recover income when a victim's injury restricts their career options or stops them from working at all. Families could also be compensated for the care and treatment of an injured child.
The verdicts in medical malpractice cases are typically very high as juries are often sympathetic to patients and hold doctors accountable for their errors. Many hospitals and doctors prefer to settle rather than risk a trial that is expensive and stressful for all parties involved.
Both sides will collect evidence to support their arguments during the trial. They will exchange documents during a process known as discovery, which entails deposing witnesses to get their statements under an oath. In many states, defendants can ask to see the records of the plaintiff.
An attorney with experience in this kind of case is required to submit an effective claim for birth injury. An experienced lawyer will evaluate your case to determine whether you have a valid claim and will work to achieve the highest settlement.
Punitive Damages
Certain medical malpractice lawsuits include punitive damages. These are designed to communicate a message and prevent future negligence. The damages can be awarded when there is a high degree of malice or negligence on the part of the doctor. However, they are not common in cases of birth injuries.
After the attorney has identified the proper defendants, they must find and analyze evidence to support their claims. They must demonstrate that the injuries caused by the medical professionals were not up to standards of care. The legal team must also show evidence of the losses that are associated with the injuries, referred to as "damages." These damages can be either economic or non-economic.
Economic losses are figured out by estimating ongoing treatment costs, including long-term care facilities and other services. They could also include lost earnings if a traumatic event caused one or both parents to lose their job.
The legal team will create a demand document for the malpractice insurers. This document will detail the birth injuries, and their impact on the child and family, and ask for compensation for the losses. The attorneys will negotiate until a settlement is reached with the medical practitioners. In this process, lawyers will share information regarding their cases with the other side by way of discovery, which may include taking depositions from witnesses who swear to their testimony under oath.
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