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Children who have suffered birth injuries deserve to receive all the resources necessary to live a full and satisfying life. A settlement's financial benefits can assist them in obtaining those resources.
A petition may be filed by a personal representative, guardians, parents, or next-of-kin of an injured child. Upon filing such a petition there is a reasonable assumption that will be established that the injury claimed was a neurologic birth injury as defined in SS 38.2-5001.
Medical expenses
It can be incredibly upsetting to discover that a child suffered a birth injury due to medical negligence. In addition to the emotional stress it can be a huge financial burden. Parents are accountable for immediate medical care and may need to spend an entire lifetime in therapy and other treatments.
Your lawyer will review the evidence to determine if an health professional committed an error that directly caused your child's injuries. Then, he or she will determine your child's estimated future expenses to include in the claim for compensation. These expenses are referred to as economic damages.
In addition to paying the medical bills of your child and other expenses associated with them, you can also seek noneconomic damages to pay you and your family members for the pain and suffering your child has endured. These damages are less quantifiable and could include mental anguish, physical disfigurement and other intangibles.
Many states have passed medical indemnity programs to cover the future medical and rehabilitation costs for those suffering from severe birth injuries. The funds are funded by a portion collected from malpractice insurance premiums, or require doctors and hospitals to contribute. For instance New York's Medical Indemnity Fund provides lifetime payments to adults and children with a neurological birth injury.
Suffering and pain
Providing your child with life-long medical care and treatment after a birth injury is incredibly expensive. Those costs can add up quickly even for children suffering from minor injuries. The pain and suffering associated with these injuries may be just as severe and you're entitled to compensation for it.
Whatever the severity of the injuries of your child are, you should not talk to the hospital or insurance company without first consulting with an attorney. You may be able to make your words against you, and they could try to reduce the amount you receive. This is the reason it's crucial to speak with a seasoned birth injury lawyer prior to doing anything else.
After consulting with an attorney, they will work to build a strong case for your child's injuries. This could involve the gathering of expert testimony to support your claim. They will also obtain certified statements from the lawyers of the defendants and any other parties involved.
If they have enough evidence, your lawyer will submit an application to the hospital and doctor responsible. This document will outline the facts about your child's injuries, and how they were caused by medical negligence. The document will also include documents and records to back your claims. If the doctor doesn't accept your offer and your lawyer files an action.
Future care costs
Severe birth injury can result in costly long-term treatment that affects families financially. For instance, a child suffering from cerebral palsy needs lifelong treatment that may include surgical procedures, home health care aides as well as therapy sessions, medication, doctors' visits and prescriptions. These costs can quickly add up and significantly impact the quality of life of a family.
In some cases, a birth injury lawyer will hire an expert to draft what's known as a "life care plan." This document estimates future requirements based on the victim's medical history and age. It provides estimates of the annual cost for things like medications or doctor visits, therapy, attendant care, future lost income, transportation and home improvements.
These damages are usually the largest portion of a settlement or a jury verdict in a birth injury lawsuit, and they're intended to enhance the victim's quality of life. Some states limit noneconomic damage and this can apply to birth injury cases.
Many hospitals, doctors and insurance companies are reluctant to admit their fault or agree to pay for a birth injury. A majority of lawyers will prefer to settle instead of going to trial. Lawyers will create a list of demands and send them to the medical professionals involved in the case along with a detailed explanation of the circumstances surrounding the injuries sustained by your child. If the doctor or birth injury the hospital refuses to accept the terms of the agreement your lawyer will file suit.
Economic Damages
A birth injury can be expensive to treat, and patients can anticipate to need costly medical treatment for the rest of their lives or even their entire lives. The economic damages in these cases may include future and previous medical expenses as well as other costs associated with the patient's care such as mobility equipment. They are typically estimated with the help of an expert witness.
Parents are also entitled to compensation for the emotional distress they have experienced knowing that the medical negligence of their child could have been prevented. Some states have laws recognizing this emotional harm and awarding victims with non-economic damages for it.
Families must remember that, while some birth injury attorneys injuries could result in severe and debilitating diseases Children are usually in a position to lead a healthy life with the right help. It is essential to ensure that they have the financial resources necessary to ensure a long-lasting and happy life.
An experienced lawyer can help families file a birth injury lawsuit against the doctor or hospital responsible for their child's injuries. They will take a thorough look at the situation and gather more evidence to make a strong argument that the medical professional was not able to provide a top-quality care. They will then negotiate with the defendants in order to determine whether a settlement can be reached. If not, they'll be prepared to bring a lawsuit.
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