Birth Injury Compensation

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 lifelong treatment and care. The family will be left with huge financial costs.

In addition, many birth injury lawsuits injury cases are an intricate debate over medical malpractice versus medical mistakes. Our attorneys can help you learn the distinctions.

Costs of Treatment

Attorneys, insurance companies, and judges consider 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 awarded. If a child requires extensive medical treatment that continues in the future the value of the claim will rise.

Medical treatment for birth injury is often expensive. Compensation for birth injuries could assist families with these costs. Lawyers often collaborate with experts to develop a "Life Care Plan," which calculates the lifetime costs incurred by a child's injury. These costs include hospitalization, surgery, specialized medical treatments prescriptions, home improvement and equipment, etc.

Your legal team will collect medical records from the pregnancy as well as the birth of your child, along with firsthand accounts from family members. These records will be used to prove that your child was injured as a result of medical malpractice, and also to prove the extent of the injury.

Many states have enacted medical indemnity funds in order to provide financial support to families of children who suffer from birth injuries. These funds collect a portion from malpractice insurance premiums, or require hospitals and doctors to contribute to the resource pool. In addition to providing financial aid, these programs can also help reduce the necessity for families to bring a lawsuit. JLARC staff however found that these programs did not always achieve their goals and should be improved.

Life Care Planning

Children suffering from conditions like cerebral palsy or hypoxic ischephalopathy will need medical care for Birth Injury Lawsuit the rest of their lives. These include physical therapy, specialized equipment, and home health. The costs for these can be substantial.

A life-care plan is a legal document that defines the future medical education, in-home, and other costs disabled children are expected to pay for the rest of his or her life. These plans are commonly utilized to calculate the financial portion of damages in a birth injury lawsuit. These plans should be thorough and carefully designed to comply with the strict requirements for admissibility.

Life-care planning experts can assist to draft these documents with the input and opinions of the child's doctor, therapists and caregivers. The plans also include an extensive description of the initial injury and diagnosis. They provide the reason for the disability and its long-term consequences.

A medical malpractice attorney must work with a life care planner to create the most effective plan for their client's specific situation. The aim of the plan is to ensure that your child is compensated enough to cover all of their future expenses and care. The money is usually put into a trust for children with special needs, which is managed by an authorized administrator. Typically, the amount of funds given will be adjusted regularly to meet the changing needs of your child's requirements.

Suffering and Pain

In a birth injury lawsuit damages are awarded to cover the plaintiff's past as well as future pain and suffering. This includes the physical and mental discomfort caused by the injury as also the inability to engage in activities that others can do.

It is also possible to recuperate for the loss of income when a victim's disability limits their professional options or prevents the person from working at all. In addition, families may be compensated if they are required to provide care for the child who is injured.

Medical malpractice cases usually have extremely high verdicts, as juries tend to show sympathy for victims and hold doctors accountable for errors. Many doctors and hospitals choose to settle instead of risking a trial that is expensive and stressful for all parties involved.

During the course of the lawsuit lawyers from both sides will gather evidence to back their arguments. They will share documents in a process known as discovery, which involves deposing witnesses to get statements under oath. In many states, defendants may also demand access to the plaintiff's records.

A lawyer with experience in this type of case is required to submit a successful claim for birth injury. An experienced attorney will review your case to determine whether you have a valid claim and will work to achieve the highest settlement.

Punitive Damages

Some medical malpractice lawsuits include punitive damages. These are designed to communicate a message to discourage future reckless behavior. They may be awarded in instances of grave negligence or when there was malice on the part of the doctor. However, they are very rare in birth injury cases.

After identifying the defendants the attorney must gather and Birth Injury Lawsuit analyze the evidence to support the claim. They must demonstrate that the injuries caused by medical professionals did not comply with the standards of care required. The legal team also has to prove the losses that were incurred with the injuries, also known as "damages." These damages could be economic or non-economic.

Economic losses are figured out by taking into account ongoing treatment costs including long-term facilities and other services. It is also possible to include the loss of earnings if the injury caused one or both parents to quit their jobs.

The legal team will prepare a demand letter for the malpractice lawyers. The document will explain the birth injury and its effect on the child and their family as well as request compensation to cover the cost of these losses. The attorneys will negotiate with medical professionals until a settlement is reached. During this process, attorneys will exchange information about their cases with the opposing side through discovery, which involves taking depositions from witnesses who swear to their testimony under an oath.