Birth Injury Compensation

It can be devastating if your child suffers a birth injury due to the negligence of a doctor. These injuries may require lifetime treatment and care. The family will be left with massive financial burdens.

Many birth injuries cases involve a complex debate over medical malpractice versus medical errors. Our attorneys can explain the distinctions.

Costs of Treatment

In determining the amount to give for a birth injury lawyer injury the attorneys of insurance companies and judges look at the severity of the injury and its impact on the child's quality of life. If a child needs extensive medical treatment that lasts for a long time the value of the claim will increase.

Medical treatment for birth injuries can be extremely expensive. Compensation for birth injuries can help families cover these costs. Lawyers often collaborate with experts in putting together an "Life Care Plan," which estimates the lifelong expenses incurred by a child's accident. These include hospitalization expenses including surgical interventions, specialized medical treatment prescriptions, home improvements and equipment, and much more.

Your legal team will collect medical records from the time of your child's birth and pregnancy as well as firsthand accounts from relatives. They will be used to prove that your child sustained an injury due to medical negligence and to demonstrate the extent of the damage caused.

Many states have enacted medical indemnity funds to provide financial assistance to families of children suffering from birth injuries. These funds either collect part of malpractice insurance premiums or require doctors and hospital to contribute to an asset pool. In addition to providing monetary support, these programs can also reduce the need for families to pursue a lawsuit. JLARC staff however found that these programs did not always meet their goals and could be improved.

Life Care Planning

Children who suffer from disorders like cerebral palsy and hypoxic-ischemic encephalopathy will face ongoing medical requirements. These include physical therapies or equipment for specialized use, as well as home health care. These costs can be substantial.

A life-care planning document is an outline of the future medical, educational, home and other expenses that a child with disabilities is likely to have to pay for throughout his or her life. These plans are used to calculate the financial portion of a settlement in the case of birth injury. These plans must be comprehensive and meticulously drafted to comply with the strict requirements for admissibility.

Experts in life-care planning can assist in the creation of these documents by utilizing the input and formal opinions of disabled children's doctors, therapists, and caregivers. The plans include a comprehensive account of the injury and the diagnosis. They describe the underlying cause of the disability and its long-term consequences.

A medical malpractice lawyer should work with a life care planner to come up with the most suitable plan for their client's situation. The goal of the plan is to ensure that your child receives adequate compensation to cover the cost of all of his or her future medical and other expenses. The funds are usually put in a trust to cover special needs, which is administered by an administrator who is approved. The amount awarded is typically adjusted regularly to reflect changes in the future requirements of your child.

Pain and Suffering

In a case involving birth injuries the damages awarded compensate the plaintiff for past and future discomfort and pain. This includes physical and mental pain caused by the injury, as also the inability to participate in activities that others can do.

It is also possible to claim for income loss if the victim's condition limits their career options or prevents them from working. Additionally, families could be compensated if they are required to provide care for the child who is injured.

Medical malpractice cases usually have very high verdicts due to the fact that juries are more likely to show compassion for victims and hold doctors accountable for their mistakes. Many doctors and hospitals choose to settle instead of risking a trial that is expensive and stressful for birth injuries everyone involved.

Both sides will gather evidence to support their arguments in the course of litigation. They will exchange documents in a process known as discovery, which includes taking testimony from witnesses under the oath. The defendants may also ask to look over the medical records of the plaintiff as it is legal in many states.

A successful birth injury lawsuit requires a skilled lawyer in these types of cases. An experienced lawyer will evaluate your case to determine if you have a valid claim and will work to obtain the most favorable settlement.

Punitive Damages

Some medical malpractice suits include punitive damage awards, birth injuries which are meant to serve as a warning and deter future negligence. The award of these damages is made when there is a substantial amount of malice or negligence on the part the doctor. However, they are very rare in cases of birth injuries.

After identifying the defendants the attorney must gather and review the evidence to support the claim. They must prove that the injuries caused by the medical professionals did not meet a high standard of care. The legal team should also be able to prove the loss that was caused with the injuries, also known as "damages." These damages can be either economic or non-economic.

Economic losses are usually calculated by making estimates of the cost of the child's ongoing care, which includes long-term care facilities as well as other services. It is also possible to include losses in earnings if the injury has caused one or both parents to quit their jobs.

The legal team will then prepare a demand package to be presented to the malpractice lawyers. This document will describe the birth injuries and their effect on the child and family, and demand compensation for these losses. The attorneys will negotiate with medical professionals until they reach a settlement. During the discovery process, lawyers will exchange information with other party on their case. This includes depositions of witnesses who swear to testify under oath.