Birth Injury Compensation

It can be a devastating experience if your child suffers a birth injury as a result of the negligence of a doctor. These injuries typically require lifetime treatment and treatment, which can result in huge financial burdens.

Many birth injuries cases have a complicated debate about medical errors versus malpractice. Our lawyers can assist you discern the differences.

Costs of Treatment

When determining how much to give for a birth injury the attorneys of insurance companies and judges take into account the degree of the injury as well as its impact on the child's life quality. If a child requires extensive medical treatment that lasts throughout the course of time, the value of the claim will rise.

Medical treatment for birth injuries can be very expensive. Compensation for birth injuries could assist families with these costs. Lawyers and experts frequently collaborate to create a "Life Care Plan" which estimates the costs of a child’s injury over the course of his or her life. These include hospitalization costs including surgical interventions, specialized medical treatment prescriptions, home improvements and equipment, birth injuries and much more.

Your legal team will gather medical records from the pregnancy and birth of your child, as well as firsthand accounts from family members. These records will be used to prove that your child was injured due to medical malpractice and to demonstrate the extent to which the injury occurred.

Many states have enacted medical indemnity funds to help families of children suffering from birth injuries. These funds may either take the portion of malpractice insurance premiums, or require doctors and hospital to contribute to a resource pool. These programs can offer families financial support and lessen the need to file a lawsuit. However, JLARC staff found that these programs may not always meet their objectives and should be improved.

Life Care Planning

Children suffering from conditions such as cerebral palsy or hypoxic ischemic encephalopathy will have long-term medical needs. These include physical therapy, specialized equipment, and home health care. These costs can be quite significant.

A life-care plan is a document that establishes the future medical, educational, in-home and other costs a disabled child will incur for the rest of his or their life. These plans are typically used to help calculate the financial portion of damages in a case of birth injury law firm injury. They must be comprehensive and carefully drafted to satisfy the strict evidentiary requirements for admissibility in court.

Life-care planning experts can help to create these documents with input and formal opinions from the child's medical professionals as well as therapists and other caregivers. The plans include a detailed description of the initial injury and its diagnosis. They outline the root causes of the disability and the long-term effects.

A medical malpractice lawyer should collaborate with a health care planner to come up with the most suitable plan for their clients' situation. The goal of the plan is to ensure that your child receives adequate compensation to cover all of their future expenses and medical care. The money awarded is typically placed into a special needs trust, which is overseen by a licensed administrator. Typically the amount given will be adjusted regularly to adjust to changes in your child's requirements.

Suffering and Pain

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

It is also possible to recover for the loss of income when the disability of a victim limits their professional options or prevents them from working at all. Families can also be compensated if they are required to provide care for an injured child.

Medical malpractice cases typically have very high verdicts, since juries are more likely to show compassion for victims and hold doctors accountable for their errors. Many hospitals and doctors choose to settle instead of risking a trial that is expensive and difficult for all parties involved.

Both sides will collect evidence to support their arguments during the trial. They will exchange documents in a process known as discovery, which is the process of taking testimony from witnesses under the oath. The defendants could also ask to look over the medical records of the plaintiff which is permitted in all states.

An experienced lawyer who has handled this kind of case is required to file a successful claim for birth injury. An experienced lawyer will examine the facts of your case to determine if it meets the legal requirements and work to secure the best financial settlement that is possible.

Punitive Damages

Some medical malpractice lawsuits also contain punitive damages, which are intended to convey a message and discourage any future negligent behavior. These damages can be awarded when there is a high degree of negligence or malice on the part the doctor. However, they are rare in cases of birth injuries.

After identifying the defendants the attorney must collect and examine the evidence to back the claim. They must prove that the injuries sustained by medical professionals did not meet the standard of care. The legal team also has to provide evidence of the losses associated with these injuries, also known as "damages." The information could be of a financial or non-economic in the sense that it is not a loss.

Economic losses are typically calculated by making estimates of the cost of the child's ongoing treatment, including long-term care facilities as well as other services. They can also include lost earnings if an injury resulted in both parents to lose their job.

The legal team will prepare an order package that they will submit to malpractice insurers. This document will detail the birth injuries and their effects on the child and the family, and ask for compensation for the losses. The attorneys will negotiate until a settlement is reached with the medical professionals. During this process, attorneys will exchange information about their cases with the other side through discovery, which includes taking depositions from witnesses who testify under oath.