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. Generally, the amount of money you receive will depend on a number of factors.

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

Medical expenses

Medical expenses related to birth injuries can differ dramatically based on the severity of your child's injuries. Broken bones, for instance could require surgery as well as long-term therapy. Similar to that nerve damage resulting from manual pressure or rough handling can result in permanent discomfort and limitations. Your lawyer will evaluate the medical needs of your child and determine estimated cost of treatment for the rest of his life. You will then seek enough compensation to cover these.

You will have to prove that the healthcare professional owed you an obligation, that they did not fulfill their obligation, and that their negligence caused the injury to your child. It is typically necessary to have medical experts review the case and provide their opinion from their previous experiences.

Depending on the circumstances you might be able mention a variety of healthcare professionals as well as hospitals in your lawsuit. This includes the doctor who delivered your baby and their assistants, as well as the hospital in which the Birth Injury Law Firms took place. Your legal team will write letters to all of these parties notifying them that a medical negligence claim has been filed and that they are given the chance to settle the issue prior to filing a lawsuit.

Suffering and pain

A birth injury lawsuit could result in a compensation claim for emotional and physical injuries that a child suffers. The amount of damages the family is awarded depends on the severity of the injuries and their impact they have on a child's lives.

In order to win a case, parents must prove that a 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 led to an injury to a patient. Medical experts are frequently consulted by both sides to help determine the standard. Obstetricians who are specialists are held to higher standards than generalist physicians.

Most birth injury cases settle rather than going to trial. Trials can be costly, time-consuming and costly. A settlement allows families to receive financial compensation sooner and in a less tense manner. Settlements ensure that future needs of a child are addressed. This could include the expense of a wheelchair van, home modifications, specialized equipment, and ongoing medical care.

Punitive damages

Punitive damages are the most severe awards juries can award in the case of a birth injury. They are often awarded to penalize the wrongdoer and discourage others from engaging in similar offenses. These awards are also designed to make victims feel their cases have been treated seriously.

A New York City personal injury lawyer can help you determine the value of your claim, including non-economic damages. They may also bring a lawsuit for punitive damages as long as they are legal. Punitive damages can be granted based on the defendant's behavior or on a remark of moral immorality. They typically amount to four times the amount of other damages awarded.

A lawyer can assist you to get a substantial amount of money for medical costs for your child and other financial losses. They can also file a lawsuit for emotional trauma and other losses that are not financial. Some states cap the amount of compensation victims can receive. Virginia is one example. It restricts damages to the cost of healthcare up to a victim's tenth birthday. Other states restrict damages for suffering and pain and other types of damages.

Damages for non-economic damages

In many instances, a child's injuries will cause lifetime medical treatment. This includes medical treatment therapies, as well as other costs. It could also cover future loss of earnings if the injury will interfere with the child's ability to work and earn a living. This is referred to as loss of consortium.

Your lawyer will assist you determine the total cost of your child's injury including non-economic damages. They will collaborate with expert witnesses to build a solid case to prove the severity of your child's injuries as well as their consequences on his or her life. They will also rely on expert testimony to show that the doctor did not fulfill their duty of care.

They may also ask for Birth Injury Law Firms access to the medical records of your child. These are crucial to your case. These documents are essential to request as soon as you can if you suspect the possibility of a birth trauma. They could be lost, lost or destroyed. An attorney can assist you get these documents as quickly as you can.

Damages for economic damage

A birth injury could result in a range of costs that might not be obvious at first. These expenses can include medical bills that have already been incurred, as well as projected costs for therapy to come and in-home medical treatment, medications, adaptive equipment, as well as travel to and from therapist and doctor appointments.

Furthermore, a serious disability can hinder an individual's ability to earn a living wage. This could also affect the family's finances. Parents might be forced to take a break from their work or stop working altogether to take care of disabled children. This could result in losing wages.

Parents who make a claim for birth injury should keep track of all expenses and losses to determine their maximum potential award. If a court or jury decides to award damages, it takes into consideration the needs of the victim throughout their life. The higher the award is, the more precise the estimate is of future medical costs. Non-economic damages are also awarded even though they are harder to quantify. They can include emotional suffering, distress and loss of quality of life and loss of consortium.