How a Birth Injury Claim Works

If a medical professional was negligent and your child suffered injuries during birth, you may be entitled to compensation. In general, the amount of the amount you receive will be contingent on a few factors.

The process of suing begins when your lawyer files a complaint against defendants. Both sides will engage in discovery, during which they exchange information and birth injury evidence, which could include medical records.

Medical expenses

Medical costs associated with a birth injury can vary significantly based on the nature of the injuries your child sustains. Broken bones, for example may require surgery and long-term therapy. In the same way, nerve damage triggered by pressure from a manual or rough handling during birth can cause permanent pain and limitations. Your lawyer will assess your child's medical requirements and determine estimated costs for treatment over the course of their lives to ensure enough compensation to cover these.

You will need to show that the healthcare professional owed you a duty, that they did not fulfill their obligation, and that their negligence caused your child's injuries. It is generally required to have medical experts review the case and give their opinion from their previous experiences.

Based on the circumstances, you could name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby and their assistants, as also the hospital in which the birth took place. Your legal team will contact all of these individuals to inform them that a lawsuit for medical malpractice has been filed. They may settle the matter without filing a lawsuit.

Suffering and pain

A birth injury lawsuit could result in a settlement for emotional and physical injuries suffered by a child. The amount of compensation the family is awarded depends on the severity of the injury and the effects on a child's daily life.

To be able to claim compensation, parents must prove that a medical professional or a facility was not acting in accordance with the standard of care. It is a way of saying that a physician or hospital's actions, or inactions, caused an injury to a patient. Medical experts are often engaged by both sides to help determine the standard. Obstetricians, for instance, are held to higher standards than generalist physicians.

Most birth injury cases settle rather than going to trial. Trials can be costly, risky and time-consuming. Settlements allow families to receive financial compensation sooner and in a more amiable manner. Settlements also ensure that children's future requirements are met. This could include the cost of a wheelchair van, home modifications, specialized equipment and ongoing medical treatment.

Punitive damages

Punitive damages are among the most severe amount a jury could make in a birth injury case. They are often awarded to punish the wrongdoer and to deter others from doing similar offenses. These awards are intended to convince victims that their case was considered seriously.

A New York City personal injuries lawyer can assist you in determining the value of your claim, including non-economic damage. They can also pursue a lawsuit seeking punitive damages when they are appropriate. Punitive damages may be awarded based on the defendant’s actions or a determination of moral immorality. They usually amount to four times the amount of other damages awarded.

A lawyer can help you receive a substantial settlement for your child's medical expenses and other financial losses. They may also file a lawsuit for emotional trauma and other damages that aren't financial. Some states limit the amount of compensation victims can receive. Virginia is one example. It caps damages at the cost of care through the tenth birthday celebration of a victim. The other states have limitations on pain and suffering and other damages.

Damages for non-economic damages

In a majority of cases, a child's injuries will cause lifetime care. This can include medical treatment therapies, as well as other expenses. It can also include future lost earnings if the accident can hinder the child's ability to work and earn a living. This is known as loss of consortium.

Your lawyer will help you in calculating the full cost of your child's injuries, including non-economic damages. They will work with experts to create a case to show the extent to which your child was harmed and the effect on their life. They will also use expert witness testimony to prove the doctor's violation of duty of care.

They could also ask for access to your child's medical records. These are crucial to your case. It is essential to request these when you suspect a birth injury as they are frequently lost or lost, or destroyed. Attorneys can help you get these documents as swiftly as possible.

Damages for economic loss

A birth injury can result in a myriad of expenses that aren't immediately obvious. These expenses include medical bills that have already been paid, as well as the anticipated expenses for therapy in the future such as in-home or institutional treatment medications, adaptive equipment and travel to and from doctor's and therapist's appointments.

A serious disability may also restrict the ability of an individual to earn a decent living. This can also have a ripple effect on the financial situation of a family. A parent might have to quit their job or stop all work to care for a child with disabilities, leading to lost wages.

Parents who file a birth injury claim should keep track of all these costs and losses to determine the maximum amount they could be awarded. When a jury or a court gives damages, they will take into account a victim's lifelong needs. The more money awarded is, the more accurate the estimate is of future medical costs. Non-economic damages are also awarded even though they are harder to quantify. These include emotional suffering, distress and loss of quality of life, and loss of consortium.