birth injury law firm Injury Compensation

If your child has a birth injury because of the negligence of a doctor or wrongful decision, birth injury it could be devastating. These injuries are often life-long treatment and care, leaving you with enormous financial costs.

Additionally, a lot of birth injury lawyer injuries cases require a complicated argument about medical malpractice versus medical errors. Our attorneys can explain the differences.

Costs of Treatment

Insurance companies, attorneys and judges consider the severity of the birth injury and the impact it has on the child's development in determining the amount of compensation to be awarded. If a child needs intensive medical treatment that continues for a long time, the value of the claim will rise.

Medical treatment for birth injuries is often expensive. Compensation for birth injuries can help families pay for these expenses. Lawyers often work with experts to create a "Life Care Plan," which estimates the lifelong costs of a child's injury. These expenses include hospitalization, surgery, specialized medical treatments and prescriptions, home improvements and equipment, etc.

Your legal team will gather medical documents from your child's birth and pregnancy, as well as firsthand stories from family members. They will be used to prove that your child suffered an injury due to negligence by a medical professional, and to demonstrate the extent of the harm caused.

Many states have medical indemnity fund that provides financial aid to families of children born with birth injuries. These funds pay a portion of malpractice insurance premiums. They also require doctors and hospitals to contribute to an investment fund. In addition to providing financial support, these programs can also reduce the requirement for families to make a claim. JLARC staff discovered that these programs didn't always meet their goals, and could be improved.

Life Care Planning

Children who suffer from conditions such as cerebral palsy or hypoxic-ischemic encephalopathy will face permanent medical requirements. These include physical therapy, special equipment, and home health. These costs can be substantial.

A life-care plan document is an important document that outlines the future medical, education home, and other expenses a child with disabilities will be liable for throughout their life. These plans are frequently used to calculate the economic component of damages in a birth injury case. These plans must be thorough and meticulously drafted to satisfy the strict requirements of admissibility.

Experts in planning for life can assist in the creation of these documents by utilizing the input and formal opinions of disabled children's doctors or therapists, as well as the caregivers. The plans also contain an extensive description of the injury that caused it and its diagnosis. They also explain the root cause of the disability and its long-term effects.

A medical malpractice lawyer must work with a life planner to develop the most appropriate plan for their client's situation. The purpose of the plan is to ensure that your child is provided with adequate compensation to cover all of his or her future care and expenses. The money awarded is typically put into a special needs trust managed by an approved administrator. Typically, the amount of funds allotted will be re-adjusted periodically to adjust to changes in your child's requirements.

Suffering and Pain

In a birth injury lawsuit, damages are awarded for the plaintiff's future and past suffering and pain. This includes physical and mental discomfort caused by the injury as well as the inability of the plaintiff to take part in activities that other people could be able to do.

It is also possible to recover earnings if the injury of a victim restricts their career options or prevents them from working at all. In addition, families may be compensated if they are required to assist in the care of the child who is injured.

Medical malpractice cases typically have very high verdicts because juries tend to show compassion for victims and hold medical professionals accountable for errors. Because of this, some hospitals and doctors prefer to settle instead of taking on a trial, which is costly and stressful for the parties involved.

Both sides will gather evidence to support their arguments during the litigation. They will share documents through a process known as discovery, which entails taking testimony from witnesses under an oath. The defendants could also ask to review the medical records of the plaintiff which is permitted in many states.

A successful birth injury claim requires a skilled lawyer in these types of cases. A knowledgeable attorney will examine your case to determine if you have a valid lawsuit and will help achieve the highest settlement.

Punitive Damages

Some medical malpractice lawsuits also contain punitive damages. These are meant to convey a message and discourage future reckless behavior. They are awarded in cases that involve grave negligence or when there was malice on the part of the doctor. However, they are not common in cases of birth injuries.

After identifying the defendants the attorney needs to gather and evaluate the evidence in support of the claim. They must establish that the injuries incurred by medical professionals did not comply with a high level of care. The legal team must provide evidence of losses associated with the injuries, referred to as "damages." These damages can be either economic or non-economic.

Economic losses are figured out by taking into account ongoing treatment costs including long-term care facilities and other services. They could also consider the loss of earnings if the injury has caused one or both parents to quit their jobs.

The legal team will draft an order package that they will submit to malpractice insurance companies. The document will outline the birth injury and its effect on the child and family and request compensation to cover the costs of these losses. The lawyers will negotiate with medical professionals until they reach a settlement. During the discovery process, attorneys will exchange information with other party about their cases. This includes depositions of witnesses that testify on oath.