Birth Injury Compensation

Children who are victims of birth injuries deserve to have the resources necessary to live a happy life. Settlements that provide financial compensation can help them get the resources they need.

A petition may be filed by the personal representative of an infant injured or his parents, guardian ad the litem or next of relatives. Upon filing such a petition an undisputed assumption will be made that the alleged injury was a birth-related neurologic injury as defined in SS 38.2-5001.

Medical expenses

It can be extremely traumatic to learn that a child has suffered from birth injuries because of 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 the rest of their lives in therapy as well as other treatments.

Your lawyer will review the evidence to establish that an health professional made an error that directly caused your child's injuries. Then, he or she will calculate your child's estimated future expenses and add them to the demand for compensation. These costs are known as economic damages.

You can seek non-economic damages, in addition to paying for the medical bills of your child, as well as other expenses that are associated with it. This will compensate you and your loved ones for the suffering and pain your child has endured. These damages aren't as quantifiable, and may include mental anguish, disfigurement and other intangibles.

Many states have passed medical indemnity policies to cover certain future medical and rehabilitative costs for people with serious birth injuries. These funds are financed through a portion collected from malpractice insurance premiums or require doctors and hospitals to contribute. New York's Medical Indemnity Fund, for example, provides lifetime payouts to adults and children who have suffered from a neurological birth defect.

Pain and suffering

It's a huge expense to provide your child with medical treatment throughout their life following a birth trauma. Even minor injuries can quickly increase in value. The pain and suffering associated with these injuries could be equally high and you're entitled to compensation for it.

No matter how serious your child's injuries are you should not talk to insurance or hospital representatives without consulting an attorney. You may be able to apply what you say against them, and they may attempt to reduce your compensation. This is why it's vital to speak with a seasoned birth injury lawyer before doing anything else.

After you've spoken with an attorney, they will create a strong case for your child's injuries and for the damages they have sustained. This could include getting expert testimony to back your claim. They will also obtain authentic statements from the lawyers of the defendants and any other parties involved.

If they have enough evidence, your lawyer will submit an order to the hospital and doctor responsible. The document will detail the details about the injuries your child sustained and the way they occurred due to medical malpractice. This document will also include records and documents that support your claim. If the doctor doesn't accept your offer and your lawyer files an action.

Future care costs

Birth injuries that are severe can lead to expensive long-term care that affects families financially. For instance, a child suffering from cerebral palsy must receive lifelong therapy which will likely involve surgical procedures or home health care assistants therapies, medication or visits to the doctor and birth injury lawyer prescriptions. These expenses can quickly mount up and significantly impact the family's lives.

In some instances, a birth injury lawyer will engage an expert to create what's known as a "life care plan." This document provides estimates of future requirements based on the victim's medical history and age. It includes projected annual costs for things like medications, doctor visits and therapy attendant care, lost income in the near future and transportation as well as home improvements.

These damages are often a large portion of a settlement or jury verdict in a birth injury lawsuit and are designed to improve the victim's quality of life. Some states limit noneconomic damage as well, and this may be applicable to birth injuries.

Many hospitals, doctors, and insurance companies will refuse to admit fault or accept a payment for a birth injury. This is why most lawyers prefer to pursue settlements instead of a trial verdict. A lawyer will draft a demand form and mail it to medical professionals involved in the matter along with a detailed statement explaining the circumstances that led to the injuries your child sustained. If the hospital or doctor does not accept the terms of the agreement, your lawyer will bring a lawsuit.

Economic damages

A birth injury can be costly to treat, and victims can expect to require expensive care for a long time or even their entire lives. The economic damages in these cases may include future and previous medical expenses as well in other expenses associated with the care of the victim including mobility assistance. These are usually assessed by a specialist expert witness.

Parents are also entitled to compensation for the emotional stress caused by the trauma and the knowledge that their child's medical error could have been prevented. Certain states have laws that recognize this emotional injury and offer non-economic damages to victims.

Families must remember that, while many birth injuries can lead to serious and debilitating ailments however, children are generally able to live a full life when they have the right support. This is why it's essential that they have the financial support they require to give them the best chance of a happy and successful life.

An experienced lawyer can assist families file a birth injury lawsuit against the doctor or hospital accountable for the child's injury. They will review the case in depth and collect additional evidence to support their claim that the medical professional failed to follow a high standard of care. They will then negotiate with the defendants to see if a settlement can be reached. If not, they will bring a lawsuit.