Birth Injury Compensation

If your child has a birth injury due to the negligence of a doctor or wrongful decision, it could be devastating. These injuries can require lifelong treatment and treatment. The family will be left with enormous financial costs.

In addition, many birth injuries cases require a complex debate about medical errors versus malpractice. Our lawyers can help understand the differences.

Costs of Treatment

In determining the amount to decide on a settlement for a birth trauma, insurance companies attorneys and judges evaluate the extent of the injury and the impact it has on the child's quality of life. If a child requires extensive medical treatment that continues in the future, the value of the claim will increase.

Medical treatment for florissant birth injury attorney injuries can be very expensive. Compensation for birth injuries can help families pay for these expenses. Lawyers and experts often collaborate to develop a "Life Care Plan" which estimates the costs of a child's injury over the course of a lifetime. These include hospitalization expenses, surgical intervention, specialized medical treatment, prescriptions, home renovations and other equipment, and many more.

Your legal team will gather medical records from the time of pregnancy and birth of your child, along with firsthand accounts from family members. These records will be used to prove that your child was injured due to medical malpractice and to prove the extent to which the injury occurred.

Many states have medical indemnity funds, which provide financial assistance to families of children born with birth injuries. These funds collect a portion of malpractice insurance premiums or require hospitals and doctors to contribute to an investment fund. These programs can offer families financial support and lessen the need to file a lawsuit. However, JLARC staff found that these programs do 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, specialized equipment, and home health care. These costs can be substantial.

A life-care plan is a document that outlines the future medical education, home-based, and other expenses that the child with disabilities will be liable for throughout his or her life. These plans are used to calculate the economic portion awarded in a case of birth injury. They must be comprehensive and carefully drafted to meet the strict requirements for evidence the admissibility of the plan in court.

Life-care planners can assist to draft these documents in accordance with information and formal opinions from the child's medical professionals caregivers, therapists, and [empty] doctors. The plans also contain an in-depth description of the initial injury and diagnosis. They describe the underlying reason for the disability and its long-term consequences.

A medical malpractice attorney must collaborate with a planner for life to develop the most effective plan for their client's specific situation. The plan's purpose is to ensure that your child is compensated enough to cover all future expenses and health care. The money awarded is typically placed into a special needs trust which is administered by an approved administrator. The amount of money given is usually adjusted annually to reflect the changing needs of your child.

Suffering and Pain

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

It is also possible to recuperate the loss of income if the victim's condition limits their professional options or prevents them from working in any way. Families can also be compensated if required to help care for the child who is injured.

Medical malpractice cases often receive extremely high verdicts, as juries are more likely to show compassion for the victims and hold doctors accountable for their errors. Many doctors and hospitals choose to settle instead of risking an expensive trial and stressful for all parties involved.

During the litigation lawyers from both sides will collect evidence to prove their points. They will exchange documents in a process called discovery, which entails deposing witnesses to get their statements under the oath. The defendants may also ask to see the plaintiff's medical records which is permitted in most states.

An experienced lawyer who has handled this type of situation is required to submit an effective claim for birth injury. A seasoned attorney will analyze the details of your case, determine if it satisfies the specifications for a lawsuit and seek out the most favorable settlement for your financial needs.

Punitive Damages

Some medical malpractice lawsuits include punitive damages, which are intended to send a message and deter future negligent behavior. These damages are awarded when there is a high degree of negligence or malice on the part of the doctor. However, they are extremely rare in birth injury cases.

After the attorney has identified the appropriate defendants, they need to gather and analyze evidence to support their claims. They must show that the injuries caused by medical professionals were not at the standards of care required. The legal team also has to prove the costs associated with these injuries, referred to as "damages." The information can be economic or non-economic in nature.

The economic losses are usually calculated by estimating the cost of the child's ongoing medical treatment, which includes long-term care facilities as well as 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 develop an offer package that they will present to malpractice insurance providers. The document will outline the birth injury, its effects on the child's family and as well as request compensation to cover the cost of these losses. The lawyers will negotiate until a settlement has been reached with medical professionals. In this process, lawyers will share information about their cases with the other side through discovery, which entails taking depositions from witnesses who testify under the oath.