orinda birth injury law firm Injury Compensation

It can be devastating for your child if they suffer a birth injury as a result of a doctor's negligence. These injuries may require lifetime treatment and treatment. The family will be left with a huge financial burden.

In addition, many birth injury cases are a complicated argument about medical errors versus malpractice. Our attorneys can help you learn the distinctions.

Costs of Treatment

Insurance companies, attorneys, and judges weigh the severity of the birth injury as well as the impact it can have on the child's life when determining the amount compensation to be paid. For instance when a child needs extensive ongoing medical treatment that will increase the value of the claim.

Medical treatment for birth injury can be costly. Compensation for birth injury will help families pay for these expenses. Lawyers and experts often work together to develop a "Life Care Plan" that calculates the costs of a child's injuries over the course of a lifetime. These costs include hospitalization, surgery, specialized medical treatments such as prescriptions, home repairs and equipment, etc.

Your legal team will collect medical documents from the pregnancy and birth of your child, in addition to firsthand accounts from family members. These documents will be used to show that your child was injured due to medical malpractice and to demonstrate the extent to which the injury occurred.

Many states have passed medical indemnity funds in order to help families of children who suffer from birth injuries. These funds take a percentage of malpractice insurance premiums or require doctors and hospitals to contribute to a pool of resources. In addition to providing financial aid, these programs can also help reduce the need for families to make a claim. However, JLARC staff found that the programs don't always meet their goals and should be improved.

Life Care Planning

Children with conditions such as hypoxic ischephalopathy or cerebral palsy will need medical care throughout their lives. This includes physical therapy, special equipment, and home health. These costs can often be significant.

A life-care planning document one that lists the future medical, education home, and other expenditures that a child with disabilities is likely to endure throughout their lifetime. These plans are typically used to determine the financial portion of the damages awarded in a birth injury lawsuit. The plans must be precise and carefully written in order to comply with the strict requirements for admissibility.

Experts in life-care planning may assist in the preparation of these documents using information and the opinions of a child with disabilities' doctors, birth injury lawsuit therapists, and caregivers. The plans include a comprehensive description of the initial injury and the diagnosis. They provide the cause of the disability and its long-term consequences.

A medical malpractice lawyer should collaborate with a health care planner to come up with the most suitable plan for their client's situation. The plan's goal is to ensure your child receives enough compensation to cover their future expenses and care. The funds are usually put into a trust account for special needs, which is managed by an administrator who is approved. Typically, the amount of funds granted will be adjusted over time to adjust to the changing needs of your child's needs.

Pain and Suffering

In a birth injury lawsuit, damages are awarded for the plaintiff's future and past pain and suffering. This includes the physical and mental suffering caused by the injury as well as the inability of the plaintiff to engage in activities that others are able to perform.

It is also possible to claim for lost income if the victim's condition limits their professional options or prevents them from working in any way. Families can also be compensated if they are required to help care for an injured child.

The verdicts for medical malpractice cases are usually extremely high because juries are often sympathetic towards patients and hold doctors accountable for their mistakes. Many hospitals and doctors opt to settle rather than risk an expensive trial and stressful for everyone involved.

Both sides will collect evidence to support their arguments during the litigation. They will exchange documents during the process of discovery, which involves deposing a witnesses to obtain statements under an oath. In many states, defendants can also request to view the records of the plaintiff.

A successful birth injury lawsuit requires an experienced lawyer in these kinds of cases. An experienced lawyer will examine the details of your case, determine if it is in line with the requirements for a lawsuit and seek out the most favorable settlement for your financial needs.

Punitive Damages

Certain medical malpractice lawsuits include punitive damage awards, which are intended to serve as a warning and to deter future negligence. They are granted in cases of serious negligence or where there was negligence on the part of the medical professional. They are rare when it comes to birth injuries.

After identifying the defendants the attorney needs to gather and examine the evidence to back the claim. They must demonstrate that the injuries caused by medical professionals did not meet a high standard of medical care. The legal team must also be able to prove the costs associated with these injuries, referred to as "damages." The information can be economic or non-economic in nature.

Economic losses are calculated by the estimation of ongoing treatment costs, including long-term facilities and other services. It is also possible to include loss of earnings in the event that the accident caused one or both parents to leave their jobs.

The legal team will create a demand form for the malpractice insurance companies. This document will detail the birth injuries and their effect on the child as well as the family, and demand compensation for the losses. The lawyers will negotiate with medical professionals until the settlement is reached. During the discovery process, lawyers will share information with the other party on their case. This may include depositions of witnesses that are required to testify under oath.