How a Birth Injury Claim Works

You may be entitled to compensation when a medical professional is negligent and your child suffers injury during the birth. The amount you receive is contingent upon a variety of factors.

The process of bringing a lawsuit begins by your attorney submitting an accusation against the defendants. Both sides will then go through discovery, in which they will exchange evidence and information including medical records.

Medical expenses

Medical expenses related to a birth injury can vary dramatically based on the severity of your child's injuries. For instance broken bones might require surgery to fix them and may result in the cost of physical therapy for a long time. In the same way, nerve damage triggered by pressure from a manual or rough handling during the delivery could cause chronic discomfort and limitations. Your lawyer will review your child's medical requirements and estimate the lifetime treatment costs to seek sufficient compensation to cover them.

You will have to prove that the healthcare professional was owed an obligation, that they violated their duty and that their lapse resulted in your child's injuries. The most common way to prove this is for medical experts to analyze the case and birth injury offer an opinion based on their experience.

Depending on the situation it is possible to name a variety of hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor who delivered your baby, his staff members and the hospital in the birthing room. Your legal team will send letters to all of these parties notifying them that a medical malpractice claim has been filed and that they have the chance to settle the issue prior to filing an action.

Pain and suffering

A birth injury lawsuit could result in a compensation claim for physical and emotional injuries sustained by a child. The amount of damages families receive is determined by the severity of the injuries and their effects on a child's daily life.

To prevail parents must prove that an medical professional or institution failed to perform their duties in accordance with the standard of care. This means that the physician or hospital failed to act with ability or judgement in a situation where their actions or inaction resulted in an injury to a patient. Medical experts are often involved on both sides to define this standard. Obstetricians and specialists are held to higher standards than generalist physicians.

Most birth injury cases settle rather than going to trial. Trials are risky, lengthy and expensive. Settlements provide families with financial compensation earlier and in a less threatening process. Settlements also ensure that a child's future requirements are satisfied. This may include the costs of a disability van or home modifications, as well as specialized equipment and ongoing medical treatment for conditions like cerebral palsy.

Punitive damages

Punitive damages are the most severe award a jury may make in a birth injury case. They are usually awarded to punish the offender and discourage others from engaging in similar offenses. The aim of these awards is 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 damages. They can also make a claim for punitive damages, when they are appropriate. Punitive damages are determined based on a defendant's actions or a determination of moral immorality. They usually amount to four times the other damages awarded.

A lawyer can help you receive a substantial settlement for medical costs for your child and other financial losses. They may also file a lawsuit for emotional trauma and other non-financial losses. Certain states have caps on the amount of compensation a victim could receive. Virginia for instance, limits damages up to the cost of treatment up to the victim reaches their tenth birthday. Other states limit damages for pain and suffering and other kinds of damages.

Damages for non-economic damages

In many cases, the injuries sustained by a child require lifetime treatment. This includes medical care, therapies, and any other expenses. It may also include lost earnings if the accident is affecting the child's ability to work and earn an income. This is known as loss of consortium.

Your lawyer will assist you determine the total cost of your child's injuries including non-economic damages. They will work with experts witnesses to build a strong case to prove the severity of your child's injuries as well as their consequences on his or her life. They will also make use of expert witnesses to prove that the doctor's breach of duty of care.

They could also request access to your child's medical records. These are vital to your case. It is essential to request these immediately if you suspect a birth injury because they are often lost or misplaced. They can also be destroyed. Your attorney can assist you in getting these documents as soon as possible.

Damages for economic damage

A birth injury could cause a range of costs that are not immediately apparent. These expenses include medical bills already paid as well as the projected costs for therapy to come home care, birth injury institutional care, medication, adaptive equipment, as well as transportation to and from doctor and therapist appointments.

Furthermore, a serious disability can make it difficult for an individual to earn a living wage. This can also have a ripple affect on the financial health of the family. Parents may need to quit their job or give up all work in order to care for a disabled child, leading to loss of income.

Parents who file a birth injuries injury claim should keep track of all expenses and losses to determine their maximum possible award. When a judge or jury gives damages, they will take into consideration the victim's lifetime needs. The more accurate the estimate of the future medical expenses and losses, the higher the amount of award will be. Non-economic damages are also granted, even though they are more difficult to quantify. These include emotional distress, suffering, loss in quality of life, and loss of consortium.