How a Birth Injury Claim Works

If medical professionals were negligent and your child suffered injuries during birth, you could be entitled to compensation. The amount you receive is contingent on a variety of aspects.

The process of suing begins when your lawyer files a complaint against defendants. Both sides will then go through discovery where they will exchange evidence and other information such as medical records.

Medical expenses

Medical costs associated with a birth injury can vary greatly depending on the nature of the injuries your child sustains. Broken bones, for example may require surgery and long-term therapy. Similar to that, nerve damage from harsh handling or pressure from a manual instrument can result in permanent pain and limitations. Your lawyer will assess your child's medical needs and determine the estimated cost of treatment for the rest of his life. You will then seek sufficient compensation to cover these.

You must demonstrate that a healthcare professional owed a duty to you, and that they did not fulfill that duty, and that this breach led to injuries to your child. This typically requires medical experts to review the case and provide an opinion based on their experience.

Depending on your situation depending on your situation, you may name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who gave birth to your child, the assistants, and the hospital the hospital where the birth took place. Your legal team will send letters to each of these parties informing them that a medical malpractice lawsuit has been filed and that they are given an opportunity to settle the matter prior filing a lawsuit.

Pain and suffering

A birth injury lawsuit can result in compensation for the emotional and physical harms sustained by the child. The amount of damages an individual family receives is contingent on the severity of the injury and the impact on a child's life.

Parents must demonstrate that the medical professional or facility did not act in accordance with the standards of care in order to be able to make an award. This means that a doctor or hospital's actions or inactions caused the victim to suffer a medical injury. Medical experts are often consulted by both sides to define this standard. Obstetricians and specialists are held to higher standards than generalist physicians.

The majority of birth injury cases are settled instead of going to trial. Trials can be risky, lengthy and costly. Settlements provide families with financial compensation earlier and in a less adversarial process. Settlements will ensure that the needs of the future of a child are addressed. This can include the cost of a disability van, home modifications and specialized equipment, as well as ongoing medical treatment for lawsuit illnesses such as cerebral palsy.

Punitive damages

Punitive damages are among the most severe amount a jury may make in an injury case involving birth. They are often given to punish the perpetrator and discourage others from engaging in similar crimes. These awards are also intended to make the victims feel like their case has been taken seriously.

A New York City personal injury lawyer can help you assess the value of your case, including non-economic damages. If necessary, they may also file a suit for punitive damages. Punitive damages can be given based on the defendant's conduct or a finding of moral immorality. They typically amount to four times the other damages awarded.

A lawyer can help you obtain a substantial award for your child's medical expenses and other financial losses. They can also file a lawsuit for emotional trauma as well as other non-financial losses. Some states place caps on the amount of compensation a victim may receive. Virginia is one of them. It limits damages up to the cost of treatment up to the victim reaches their 10th birthday. Other states also have caps on suffering and pain as well as other damages.

Damages for non-economic damages

In many cases, injuries suffered by children will require ongoing treatment. This can include medical treatment and therapies, along with other costs. It could also include future lost earnings in the event that the injury will interfere with the child's ability to work and make a living. This is known as loss of consortium.

Your lawyer will help you estimate the full costs of your child's injuries including non-economic damages. They will collaborate with experts to construct an argument to demonstrate how severely your child was harmed and the effects on their life. They will also use expert testimony to prove that the doctor did not fulfill their duty of care.

They may also ask for access to the medical records of your child. They are crucial to your case. It is essential to get them immediately if you suspect a birth injury since they are frequently lost or lost. Or, they are destroyed. Your attorney can help you obtain these documents as fast as is possible.

Economic damages - Damages

A birth injury can cause a range of costs that are not immediately obvious. These include medical bills already paid, as well as the anticipated costs of therapy to come, in-home or institutional care and medication, adaptive equipment and travel to and away from appointments with therapists and doctors.

A severe disability could hinder a person's ability to earn an income that is sufficient. This can also cause a ripple effect on the finances of the family. Parents may need to quit their job or give up all work to care for an ailing child, which can lead to the loss of wages.

Parents who file a birth injury claim must keep track of all these expenses and losses to determine their maximum potential award. If a court or jury decides to award damages, it takes into account the victim's needs throughout their life. The more money awarded is, the more precise the estimate is of future medical costs. Damages that are not economic can also be awarded even though they are harder to quantify. These may include emotional distress, pain and suffering and loss of quality of life, and loss of consortium.