How a Birth Injury Claim Works

If medical professionals were negligent and your baby suffered injuries during birth, birth injury you may be entitled to compensation. The amount of compensation you receive depends on several variables.

The process of suing begins when your lawyer files a complaint against defendants. Both sides will then participate in discovery, where they will exchange evidence and information such as medical records.

Medical expenses

Medical expenses related to a birth injury can vary significantly based on the nature of the injuries your child sustains. For instance, broken bones may require surgery to repair and may result in the cost of physical therapy for a long time. In the same way, nerve damage from harsh handling or pressure from a manual instrument can cause permanent pain and limitations. Your lawyer will analyze your child's medical requirements and determine the estimated costs for treatment over the course of their lives to ensure enough compensation to cover them.

You will have to demonstrate that a healthcare professional owed the duty to you, that they breached their duty, and that this breach led to the injury of your child. It is common for medical experts to analyze the case and offer an assessment based on their knowledge.

Based on the circumstances depending on your situation, you may name multiple hospitals and healthcare professionals as defendants in the lawsuit. This includes the doctor birth injury who delivered your baby and their assistants, as well as the hospital where the birth took. Your legal team will write to all of them to inform them that a lawsuit for medical malpractice has been filed. They may settle the matter without having to file an action.

Suffering and pain

A birth injury lawsuit may result in a compensation claim for physical and emotional injuries that a child suffers. The amount of damage a family receives is determined by the severity of the injury as well as the impact it has on the child's life.

Parents must demonstrate that the medical professional or the facility was not in compliance with the standards of care in order to win a claim. This means that the doctor or hospital acted with a lack of competence or judgment in the event that their actions or inaction led to an injury to a patient. Medical experts are often consulted on both sides to define this standard. Specialists, such as doctors of obstetrics, are held to higher standards.

Most birth injury cases settle rather than going to trial. Trials are costly, time-consuming and expensive. A settlement allows families to receive financial assistance sooner and in a less tense way. Settlements ensure that future needs of children are met. This could include the expense of a wheelchair van and home modifications, as well as specialized equipment, and ongoing medical treatment.

Punitive damages

Punitive damages are among the most severe awards juries could award in a birth injury case. These damages are usually given to deter the perpetrator and deter others from committing similar crimes. The purpose of these awards is to make victims feel their cases have been taken seriously.

A New York City personal injury lawyer can help you assess the value of your case, including non-economic damages. They may also file a lawsuit for punitive damages when they are appropriate. Punitive damages are based on the defendant's behavior as well as an indictment of moral wrongdoing. They are usually four times the other damages awarded.

A lawyer can assist you to obtain a substantial award for medical costs for your child and other financial losses. They may also bring a lawsuit to recover emotional trauma or other non-financial damages. Some states limit the amount of compensation the victim can receive. Virginia is one example. It restricts damages to the cost of care through the tenth birthday of a victim. Other states restrict damages for pain and suffering in addition to other types.

Damages for non-economic damages

In many instances, the injuries of a child require lifetime care. This can include medical treatment therapies, as well as other expenses. It could also cover future lost earnings if the accident will interfere with the child's ability to work and earn a living. This is known as loss of consortium.

Your lawyer will help you estimate the full cost of your child's injury which includes non-economic damages. They will work with expert witnesses to create a compelling case to prove the severity of your child's injuries as well as their effects on their life. They will also use experts to prove that the doctor did not fulfill their duty of care.

They may also ask for access to your child's medical records. These are vital to your case. It is essential to get them as soon as you suspect that there is a birth injury because they are often lost or lost, or destroyed. Attorneys can help you get these documents as quickly as possible.

Damages for economic loss

A birth injury could result in a myriad of costs that are not immediately apparent. These include medical charges that have already been incurred as well as projected costs of therapy to come, in-home or institutional care as well as adaptive equipment, medication and transportation to and from therapist and doctor's appointments.

Furthermore, a disability that is severe can limit an individual's ability to earn an income that is sufficient. This can also affect a family's finances. Parents might need to quit their job or quit all work to care for a disabled child, leading to loss of income.

Parents who file a birth injury claim should keep track of all costs and losses in order to determine the maximum amount they could be awarded. When a court or jury decides to award damages, it takes into consideration the needs of the victim throughout their life. The more accurate the estimate of future medical costs and losses, the higher the amount of award will be. Damages that are not economic can also be granted, even though they are harder to quantify. These include emotional suffering, distress and loss of quality of life and loss of consortium.