How a Birth Injury Claim Works

If a medical professional was negligent and your baby suffered injuries during birth, you may be entitled to compensation. The amount you receive will depend on a number of variables.

The lawsuit process begins with your attorney filing an accusation against the defendants. Both sides will participate in discovery, where they share information and evidence, including medical records.

Medical expenses

Medical costs associated with birth injuries can vary in a significant way based on the nature of your child's injuries. Broken bones, for instance, may require surgery and long-term therapy. Similarly, nerve damage caused by pressure applied manually or rough handling during delivery could cause chronic limitation and pain. Your lawyer will review the needs of your child and estimate the cost of treatment over a lifetime to ensure that you receive enough compensation.

You must prove that a healthcare professional was bound by the duty to you, that they did not fulfill that obligation, and that the breach caused the injuries of your child. This typically requires medical experts to review the case and give an opinion based on their experiences.

Depending on the circumstances you might be able identify a variety of healthcare professionals and hospitals in your lawsuit. This includes the doctor that gave birth to your child, the staff members and the hospital in the birthing room. Your legal team will contact all of them to inform them that a claim for medical malpractice has been filed. They may settle the matter without filing a lawsuit.

Pain and suffering

A birth injury lawsuit can result in the payment of compensation for physical and emotional injuries suffered by children. The amount of damages that a family receives is determined by the severity of the injury and its impact on the child's life.

To win a claim parents must show that an medical professional or institution failed to perform their duties in accordance with the standard of care. It is a way of saying that a physician or hospital's actions caused injuries to patients. Medical experts are often engaged by both sides to help determine the standard. Specialists, such as doctors of obstetrics, are held to higher standards.

Most cases involving birth injuries settle rather than going to trial. Trials can be expensive, time-consuming and costly. A settlement allows families to receive financial assistance sooner and in a more amicable manner. Settlements also ensure that children's future needs are fulfilled. This could include the cost of a wheelchair van home modifications, specialized equipment, and ongoing medical care.

Punitive damages

Punitive damages are the most severe awards a jury could make in cases involving birth injuries. These damages are typically given to punish the perpetrator and discourage others from doing the same. These awards are also designed to ensure that victims feel their cases are taken seriously.

A New York City personal injury lawyer can assist you in determining the value of your claim, including non-economic damages. They can also bring a lawsuit for punitive damages, as long as they are legal. Punitive damages may be given based on the defendant's behavior or on a remark of moral immorality. They typically are four times the other damages awarded.

A lawyer can help you win you a significant award to cover your child's medical costs and other financial losses. They are also able to file a lawsuit for emotional trauma and other non-financial losses. Some states put caps on the amount of compensation a victim could receive. Virginia for instance, limits damages up to the cost of treatment to the victim's tenth birthday. Other states have limitations on pain and suffering and other types of damages.

Damages for non-economic damages

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

Your lawyer will aid you in calculating the cost of your child's injury, including non-economic damages. They will work with experts witnesses to construct a convincing case that demonstrates the severity of your child's injuries as well as their impact on his or her life. They will also rely on experts' testimony to prove that the doctor violated their duty of care.

They can also ask for access to your child’s medical records. These are crucial to your case. It is essential to obtain them immediately if you suspect that there is a birth injury, as they are often lost or lost, or destroyed. Your attorney can assist in getting these documents as quickly as possible.

Damages for economic damage

A birth injury attorneys injury could result in a myriad of expenses that are not immediately obvious. These expenses include medical bills already paid and also projected costs for future therapy such as in-home care, institutional care, medication, adaptive equipment, as well as transport to and from doctor and therapist appointments.

Additionally, a severe disability can make it difficult for an individual to earn a living wage. This could also have a ripple effect on the finances of a family. Parents might need to quit their job or give up their job completely to take care of the child who is disabled, leading to the loss of wages.

Parents who are pursuing a claim for birth injuries birth injuries must keep track of all expenses and losses to determine their maximum potential award. When a court or jury gives damages, they will take into account a victim's lifelong requirements. The more accurate the estimation of future medical expenses and losses, the more the amount of compensation will be. Non-economic damages are difficult to put a price on but they can be awarded too. These may include emotional suffering, distress loss of quality of life, and loss of consortium.