Birth Injury Compensation

It could be devastating If your child suffers a birth injury due to the negligence of a doctor. These injuries often require lifetime treatment and care, leaving you with enormous financial costs.

Additionally, many birth injuries cases require a complex debate about medical malpractice versus medical errors. Our lawyers can assist you to understand the distinctions.

Costs of Treatment

Attorneys, birth injury lawsuit insurance companies and judges take into account the severity of the birth injury as well as the impact it can have on the child's life in determining the amount compensation to be awarded. If a child requires extensive medical treatment which continues throughout the course of time, the value of the claim will increase.

Medical treatment for birth injuries can be extremely expensive. Compensation for birth injuries can help families pay for these expenses. Lawyers and experts often work together to develop a "Life Care Plan" which calculates the cost of a child’s injury over the course of a lifetime. These expenses include hospitalization, surgeries, specialized medical treatments, prescriptions, home improvements and equipment, etc.

Your legal team will collect medical documents from the pregnancy and birth of your child, along with personal accounts from relatives. These documents will be used to prove that your child was injured as a result of medical malpractice and to demonstrate the extent to which the injury occurred.

Many states have enacted medical indemnity funds to help families of children suffering from birth injury lawsuit injuries. These funds pay a portion of malpractice insurance premiums. They also require doctors and hospitals to contribute to an account of resources. These programs can provide families with financial support and lessen the necessity of filing a lawsuit. JLARC staff discovered that these programs did not always meet their goals, and need to be improved.

Life Care Planning

Children with disorders such as hypoxic ischephalopathy, cerebral palsy, or hypoxic ir will require medical attention for the rest of their lives. These include physical therapy, special equipment, and home health care. Often, these expenses can be substantial.

A life-care plan document is an outline of the future medical, educational home, and other expenses that a child with disabilities is likely to incur throughout his or her life. These plans are frequently used to determine the amount of damages in a birth injury lawsuit. The plans must be precise and meticulously drafted to comply with the strict requirements for admissibility.

Life-care planning experts can help to develop these documents based on the input and opinions of the child's doctor caregivers, therapists, and doctors. The plans include a detailed description of the initial injury and the diagnosis. They describe the underlying cause of the disability and its long-term consequences.

A medical malpractice lawyer should collaborate with a life-care planner to come up with the best plan for their client's specific situation. The aim of the plan is to ensure that your child is compensated enough to cover all future expenses and medical care. The funds are usually placed into a special-needs trust, which is overseen by a licensed administrator. Typically, the amount of funds given will be adjusted regularly to accommodate the changing needs of your child's needs.

Suffering and Pain

In cases involving birth injuries that result in damages, the court will compensate the plaintiff for the past and future pain and discomfort. This includes the physical and mental suffering caused by the injury as and the inability to take part in activities that others can do.

You may also recover income if a victim's injury limits their options professionally or stops them from working at all. Families can also receive compensation to help care for an injured child.

The verdicts in medical malpractice cases are typically very high, as juries are often compassionate towards victims and hold doctors responsible for their errors. Many hospitals and doctors choose to settle instead of risking an expensive trial and difficult for all parties involved.

During the trial attorneys from both sides will gather evidence to prove their points. They will exchange documents in a process called discovery, which involves deposing witness to get statements under an oath. In many states, defendants can also request access to the records of the plaintiff.

A successful birth injury claim requires a lawyer with experience in these kinds of cases. A knowledgeable attorney will examine your case to determine if you have a valid lawsuit and will help find the most effective settlement.

Punitive Damages

Some medical malpractice lawsuits contain punitive damages, which are intended to convey a message and prevent future negligence. The damages can be awarded when there is a high level of negligence or malice on the part the doctor. However, they are rare in cases of birth injury law firm injuries.

After the attorney has identified the appropriate defendants, they have to find and analyze evidence to back up their assertions. They must demonstrate that the injuries caused by medical professionals did not meet the standards of care required. The legal team also has to show evidence of the losses that are associated with the injuries, also known as "damages." These damages could be economic or non-economic.

Economic losses are calculated by taking into account ongoing treatment costs including long-term care facilities and other services. They can also include lost earnings if a traumatic event resulted in both parents to lose their job.

The legal team will prepare a demand package that they will present to the malpractice insurance companies. The document will outline the birth injury, its effects on the child's and family and request compensation to cover the cost of these loss. The lawyers will negotiate until a settlement has been reached with the medical professionals. In this process, lawyers will share information about their cases with the opposing side through discovery, which includes taking depositions from witnesses who swear to their testimony under an oath.